2018 (2) TMI 1315 - HC - Central Excise

Whether the penalty under Rule 15(2) Cenvat Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944 which is mandatory in nature can be waived by the CESTAT? Held that - the Tribunal noted that there were different views of the High Court on the issue of taxability itself - The judgement of the Tribunal seems to be suggesting that the issue itself was not free from doubt. In any case, there is no establishment of allegations of willful fraud on the part of the assessee. Appeal dismissed.

Summary

The Gujarat High Court dismissed the Tax Appeal by the department against the Customs, Excise & Service Tax Appellate Tribunal's judgement. The issue was regarding the waiver of penalty under Rule 15(2) Cenvat Credit Rules, 2004. The Tribunal confirmed duty liability but decided no penalty should be imposed due to doubts on the issue and lack of evidence of willful fraud by the assessee.