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TMI Blog2011 (4) TMI 907X X X X Extracts X X X X X X X X Extracts X X X X ..... tion, penalty is not imposable under Rule 13 of the Cenvat Credit Rules, 2002. Thus going through the show-cause notice as well as the adjudication order no specific clause of Rule 13 of Cenvat Credit Rules, 2002 has been proposed or put on notice to the appellants to exact nature of contravention, therefore no penalty is leviable - in favour of assessee. - E/3207/03 - Final Order No. A/358/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, 2002. 3. The adjudicating authority imposed a penalty of Rs.12,55,342/-. On appeal before the first appellate authority, it was observed that the appellants have availed irregular credit of Rs.84,167/- only, therefore, the penalty was reduced to Rs.80,000/-. Aggrieved by the said order, the appellants are before us. 4. The Ld. Advocate for the appellant submits that no specific provisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation of the submissions made by both sides that in the case of Punjab Tractors Ltd., (supra), the Hon ble apex Court has held that for violation of Rules, whether there is a situation, the revenue neutrality, the assessee is liable to penalty, which was passed on 10/02/2005, but in the case of Amrit Foods (supra), which was passed on 26/10/2005 by the Hon ble apex Court has clearly held that when ..... X X X X Extracts X X X X X X X X Extracts X X X X
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