2008 (8) TMI 148

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....hitkara, SDR, for the Respondent. [Order]. - The appellants are engaged in the manufacture of Polyethylene compound, PVC compound, Polyethylene Master Batch, PVC Master Batch and Embroidery of fabrics. During the period June 2001 to March, 2003, the appellants were working under Compounded Levy Scheme. During the said period they received capital goods. Inasmuch as no credit of duty paid on suc....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....or the appellants submits that he is not contesting the reversal of the Cenvat credit but the contest is only to interest and penalty amount. He draws attention of the Bench to the Tribunal decision in the case of Nahar Industrial Enterprises Ltd. v C.C.E, Chandigarh - 2004 (176) E.L.T. 541 (Tri-Del.) to substantiate his contention that the credit was admissible on withdrawal of Compounded Levy Sc....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....during such period, credit could not be availed by the manufacturer. As such, it cannot be said that appellant had earned the credit. In any case, the same is not being disputed by the appellants and stands reversed, in which case, interest amount is required to be confirmed as per law. 5. As regards the penalty, I find that no mala fide is attributable to the appellant, inasmuch as the fact of....