2011 (4) TMI 482 - AT - Central Excise

Utilization of CENVAT Credit of Education Cess for payment of Basic Excise Duty - The amount of CENVAT Credit utilized by them has been demanded and equal amount of penalty has been imposed - Hence, the recent decision of CB&EC laying down the norms for filing an appeal, the provisions of CESTAT Rules, and in view of the fact that this is an offence case, which gives discretion to the Tribunal in admission of appeals involving amount less than Rs.50,000/-, this is not a fit case for consideration by the Tribunal - Decided in favour of assessee.

Summary

The Revenue appealed against the Commissioner(Appeals) order allowing the respondents' appeal regarding utilization of CENVAT Credit for Basic Excise Duty. The total duty involved was Rs.943, with a penalty imposed. The Tribunal rejected the Revenue's appeal due to the amount involved being less than Rs.50,000 and falling under the discretion for appeal consideration.