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2016 (6) TMI 1217

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....ed by the Ida Commissioner (Appeals) on 20.10.2011. 2. Briefly, the appellants are engaged in the manufacture of goods falling under chapter 32, 38, 25, 27 and 28 to the first schedule to the Central Excise Tariff Act, 1985 and were availing Cenvat facility. During the course of EA 2000 Audit for the period 2006-07 & 2007-08, it was observed that the appellants had taken 100% credit on capital go....

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.... the demand as well as interest, which have been deposited voluntarily by them. The main plea of the appellant is that they had deposited the demand and interest as soon as the Audit Team pointed out the short levy. They stated that there is no suppression involved because the wrong credit was duly reflected in the ER-I returns filed with the Department on monthly basis. Though, there is genuine e....

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....he rival contentions, I find that the appellants did not contest the demand and the interest before the Commissioner (Appeals). The only issue before the Commissioner (Appeals) was for waiver of penalty imposed. In this proceeding also, the appellants are only contesting the penalty imposed on them. I find that while admitting their mistake, the appellants have argued that they had declared the Ce....