9911796707
TMI Blog2011 (5) TMI 632X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner vide Order-In-Original dated 06.12.07 confirmed Cenvat Credit demand of Rs.2,49,696/- against the respondent along with interest and imposed penalty of equal amount under Rule 15 of Cenvat Credit read with section 11AC of Central Excise Act, 1944 and besides this, penalty of Rs.10,000/- was also imposed on Shri Pradeep Dalmia, Director of the respondent company. Above order was passed, on 26 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etting aside the penalty on the respondent company. 2. Heard both the sides. Shri R.K.Gupta, Ld. DR assailing the impugned order of Commissioner(Appeals) pleaded that the respondent have not disputed the shortage of 8500 kg. of copper scrap in respect of Cenvat Credit has been taken, that no explanation for this huge shortage has been given by the respondent from which the only conclusion which c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the impugned order by reiterating the findings of the Commissioner(Appeals) and pleaded that just on account of shortage of scrap, it can not be concluded that the quantity found short had been clandestinely removed, that there is no admission by Shri Pradeep Dalmia, Director of the respondent company that the scrap found short has been cleared without payment of duty, that just because he has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... view, can be either on account of clandestine removal or on account of purchase of invoices of scrap without receiving any material and in either case, penalty under Rule 15 of the Cenvat Credit Rules 2004 read with section 11AC would be attracted. I am, therefore, of the view that the Commissioner (Appeals)'s order setting aside the penalty on the respondent company under Rule 15 of Cenvat Credit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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