2010 (7) TMI 399

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..... ation is not justified - Order of the Commissioner (Appeals) modified to the extent of restoring a penalty of Rs. 25,000/- under Rule 15 of the Cenvat Credit Rules, 2004 - E/924-925/2008 - 815-816/2010-SM(BR)(PB) - Dated:- 23-7-2010 - Shri M. Veeraiyan, Member (T) REPRESENTED BY : Shri S.K. Bhaskar, DR, for the Appellant. Shri Jatin Mahajan, Advocate, for the Respondent. [Ord .....

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..... it Rules, 2004. He also imposed a penalty of Rs. 25,000/- on the respondent firm under Rule 25 of the Central Excise Rules, 2002. In addition, he imposed penalty of Rs. 10,000/- on Shri Abhay Jaiswal, Manger of the respondent firm. 4. The respondent did not contest the liability to duty either before the original authority or before the Commissioner (Appeals). However, before the Commissio .....

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..... have failed in maintaining the proper account about the disposal of the inputs on which Cenvat credit has been taken by them. However, to presume unexplained shortage as amounting to clandestine removal without any further corroboration is not justified. Under these circumstances, the order of the Commissioner (Appeals) in holding that there was no corroboration of clandestine removal cannot be fa .....

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