9911796707
TMI Blog2011 (5) TMI 601X X X X Extracts X X X X X X X X Extracts X X X X ..... ow cause notice did not propose to recover the same, there was no necessity to confirm the Cenvat Credit demand & penalty would not be attracted. Assessee would be liable to pay only the interest under Rule 13 of Cenvat Credit Rule, 2002 r.w.s. 11AB which is attracted in every case of wrong availment of Cenvat Credit as decided in UOI and Ors. Versus Ind-Swift Laboratories Ltd. (2011 (2) TMI 6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the show cause notice vide dated 13.04.08 also confirmed the Cenvat Credit demand and ordered appropriation of the amount already reversed and besides this, Assistant Commissioner also demanded interest on this amount and imposed penalty of Rs.37,813/- on the respondent On appeal being filed against this order, the Commissioner (Appeal) vide impugned order in appeal dated 18/02/09 set aside the or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be attracted as this is a case of wrong availment of Cenvat credit and it cannot be waived just because amount had been paid prior to the issue of show cause notice, that the Assistant Commissioner has correctly imposed the penalty of equal amount under Rule 13 of Cenvat Credit Rules, 2002 and ordered recovery of interest under Section 11AB of Central Excise Act, 1944 and that in view of this, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efully considered the submissions from the Departmental Representative and perused the records. 6. The disputed amount of Cenvat Credit of Rs.37,813/- is in respect of Cenvated capital goods which had been transferred by the appellant from one unit to another unit and according to the department, at that time, this amount should have been reversed. There is no dispute that the disputed amount ..... X X X X Extracts X X X X X X X X Extracts X X X X
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