2018 (5) TMI 1042

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....V. Ravindran This appeal is directed against order-in-appeal No. PUN-EXCUS-001-APP-255/2017-18 dated 10.08.2017. 2. Heard both sides and perused the records. 3. On perusal of the records, it transpires that the issue is regarding excess availment of CENVAT credit during the period June 2012 to May 2013. Records of the appellants were audited by the authorities. It was noticed that there w....

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.... and appropriated amount debited and demanded interest and imposed penalties. 4. Learned Counsel submits that they are contesting the demand for interest and penalties. It is her submission that no interest is payable as they had sufficient balance in their BED account and it was only a clerical error in non-debiting the amount in basic excise duty account. It is her submission that it has not ....

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....s was noticed by the department and brought to the light after conducting audit, interest liability arises as Education Cess/Secondary & Higher Education Cess has been paid though there being no credit in the said account. 6. On careful consideration of the submissions made by both sides, I find that the argument of the learned Counsel as to interest liability does not arise is devoid of merits....

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.... 6.2 It is seen from the records that the appellant had enough balance in basic excise duty; transfer of an amount from the basic excise duty to education cess is permitted as per Act and Rules made thereunder, the non-debiting in BED account can be attributed to human error which was subsequently rectified, on being pointed out. In my considered view, this act of non-debiting the basic excise d....