No Penalty for Appellant Due to Bona Fide Error in Input Credit; Sufficient CENVAT Balance Confirmed.

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....Imposition of penalty - input credit of 5% retention amount - appellant had sufficient balance in cenvat account therefore it cannot be said that they had utilised the same - there was no malafide intention on its part and it was only a bonafide error, which was rectified immediately on pointing out by the audit party - no penalty is imposable on the Appellant....