PROGRESSIVE SYSTEMS Vs. COMMISSIONER OF C. EX., BANGALORE

JUDGEMENT

(1.) M/s. Progressive Systems, Bangalore seeks to vacate the demand of Rs. 6,31,311/ - being Cenvat credit on capital goods held to be availed irregularly by them, applicable interest and penalty of Rs. 25,000/ - imposed on them by the Additional Commissioner and affirmed by the Commissioner (Appeals) vide the impugned order. After hearing both sides on the stay application, we find that the appeal can be disposed off without a further hearing. We take up the appeal. The facts of the case are obvious from the findings of the original authority. The relevant extracts of his order are reproduced below : -

(2.) VIDE the impugned order, the Commissioner (Appeals) found that the issue involved was not of utilization but availment. Assessee had wrongly availed credit while availing SSI Exemption under Notification No. 8/2003 -C.E., dated 1 -3 -03.

(3.) HEARD both sides.