9911796707
TMI Blog2009 (4) TMI 624X X X X Extracts X X X X X X X X Extracts X X X X ..... Dr. Y.D. Banga, SDR, for the Respondent. [Order]. This appeal filed by the assessee is against denial of Cenvat credit of Rs. 43,200/- for the period November, 2000 to May, 2001 as also against equal amount of penalty. After examining the records and hearing both sides, I find that Cenvat credit of Rs. 19,520/- was denied twice. In one case, it was denied on the ground that the cred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erred to by the lower authorities. On these facts, I hold that the assessee had taken Cenvat credit of Rs. 19,520/- on the strength of original copy of invoice rather than xerox copy thereof. The relevant extract from RG23A Part II maintained by the assessee is also available on record and the same indicates that the above credit was taken on 12-1-2001 and was not taken in November, 2000 as allege ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urther submitted that even the balance amount of penalty is liable to be set aside on the ground that the same was imposed as a composite penalty under various penal provisions. In this connection, the counsel has relied on Indsil Industries Ltd. v. Commissioner of Central Excise, Coimbatore - 2005 (188) E.L.T. 195 (Tri.-Chennai). 4. I have heard the SDR on this issue as well. The show-cause not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, Rule 57AH had nothing to do with Rule 173Q. It could be read with Section 11AC and could not be read with Rule 173Q. Therefore, it has to be held that the lower authorities chose to impose a composite penalty without any application of mind, nor with any rhyme or reason. The entire penalty is, therefore, liable to be set aside and it is ordered accordingly. 5. The appeal is allowed. 6. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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