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TMI Blog2010 (1) TMI 213X X X X Extracts X X X X X X X X Extracts X X X X ..... he appeal of the assessee against penalty imposed under Rule 25 of the Central Excise Rules, 2002 read with section 11AC of the Central Excise Act after holding that the assessee’s contravention of provisions of rule 9(1)(a(iii) of Cenvat Credit Rules, 2004 read with rule 11 of the Central Excise Rules, 2002 is rectifiable procedural lapse/defects?” held that- Tribunal held that the invoices could ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ise Rules, 2002 read with section 11AC of the Central Excise Act after holding that the assessee's contravention of provisions of rule 9(1)(a(iii) of Cenvat Credit Rules, 2004 read with rule 11 of the Central Excise Rules, 2002 is rectifiable procedural lapse/defects?" 2. Heard Mr. Varun K. Patel, learned Standing Counsel, appearing for the Revenue and perused the orders passed by the authorities ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s issued by M/s. J.J. Polyplast, Mumbai. It is further submitted that there is statutory violation and penalty was rightly imposed, the Tribunal has committed error in deleting the said penalty. 4. We have considered the submission made by Mr. Patel and also perused the order passed by the Tribunal. The Tribunal has specifically held in its order that apart from the fact that rule 25 is applicabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the entitlement of the Modvat Credit, such procedural lapse should not result in denial of benefits to them otherwise admissible as credit. After considering this position of law, the Tribunal has set aside the impugned order of penalty and allowed the Appeal with consequential relief in favour of the respondent assessee. We do not find any infirmity in the order passed by the Tribunal. It could ..... X X X X Extracts X X X X X X X X Extracts X X X X
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