2009 (3) TMI 697

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..... nal product, which even according to the Revenue, was not required to be paid. As such, entire situation being revenue neutral, there was no justification for confirmation of demand of Modvat credit - E/266-267/2009 - A/732-733/2009-WZB/AHD - Dated:- 31-3-2009 - Ms. Archana Wadhwa, J. REPRESENTED BY : Shri S.R. Prasad, SDR, for the Appellant. Shri P.M. Dave, Advocate, for the Responden .....

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..... f duty by denying the Cenvat credit to the tune of Rs. 2,79,969/-. The said proceedings resulted into an order passed by the original adjudicating authority, confirming demand and imposing penalty. However, on appeal, Commissioner (Appeals) held that the appellants have already paid the duty equivalent to the Cenvat credit so availed by them and as such entire exercise is revenue neutral. He, acco .....

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..... nd there is procedural infraction to that extent. For such lapse on the part of the respondent, penalty is required to be imposed in terms of provisions of Rule 27 of Central Excise Rules, which provides for maximum penalty of Rs. 5,000/- (Rs. Five Thousand only). I order accordingly. 5. Revenue s appeal is allowed to above extent. (Dictated and pronounced in Court) - - TaxTMI - TMITax - C .....

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