2021 (4) TMI 683

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....overnment Undertaking engaged in the manufacture of G1/SG1 castings and windmill castings falling under TH No. 73259910 of CETA, 1985. Appellant has been importing raw-materials on which cenvat credit of Customs duty was paid. The records of the appellant were audited by the internal audit in 2013 and it was pointed out that the appellant had availed cenvat credit of basic Customs duty of Rs. 10,27,553/-(Rupees Ten Lakhs Twenty Seven Thousand Five Hundred and Fifty Three only) paid on imported inputs for which no cenvat credit is eligible. On the mistake being pointed out by the audit, the appellant paid the ineligible credit of Rs. 10,27,553/- (Rupees Ten Lakhs Twenty Seven Thousand Five Hundred and Fifty Three only) along with interest of....

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....vertently taken which was reversed before the issue of show-cause notice. He further submitted that in such circumstances imposition of penalty is not warranted by law and he relied upon the following decisions in support of his submissions: * Panasonic AVC Networks India Co. Ltd. Vs. CCE, Meerut-II - 2012 (280) E.L.T. 297 (Tri.-Del.) * Landis +Gyr Ltd. Vs. CCE, Kolkata-V - 2013 (290) E.L.T. 447 (Tri.-Kolkata) * Indo-Nippon Chemicals Co. Ltd. Vs. CCE, Vadodara - 2009 (233) E.L.T. 141 (Tri.-Ahmd.) * YCH Logistics (India) Pvt. Ltd. V. CCE, Cus. & ST, Bangalore-I 2020 (43) G.S.T.L 518 (Tri.-Bang.) * Pr. CCE, Bengaluru V. Vilax Industrial Fabrics - 2018-TIOL-1363-HC-KAR-CX 4. On the other hand the learned AR defended the impugned ord....