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TMI Blog2010 (1) TMI 332X X X X Extracts X X X X X X X X Extracts X X X X ..... within the prescribed period of 180 days and on the further ground that the factum of non-reversal of the credit was suppressed by them. Commissioner (Appeals) left the major part of penalty. Held that- penalty of Rs. 5,000/- is liable to be maintained, as against the appellant's prayer for imposition of penalty equal to duty (Rs. 5,011/-) on the party. I am of the view that the prayer for enhanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iginal authority had imposed a total penalty of Rs. 78,481/- on the party under Rule 13 of the Cenvat Credit Rules, 2002 read with Section 11AC of the Central Excise Act. A major part (Rs. 73,470/-) of this penalty was imposed on the ground that the respondent had deliberately chosen not to reverse Cenvat credit of Rs. 73,470/- on capital goods which were sent to a job worker, even though the job- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the factum of removal of capital goods for repair (job work) and of non-receipt of the job-worked goods within 180 days had been brought on record. On the basis of this finding, the penalty of Rs. 73,470/- imposed under Section 11AC of the Act on the respondent by the original authority was vacated by the appellate authority. I find that the above finding of the appellate authority has not been ..... X X X X Extracts X X X X X X X X Extracts X X X X
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