2012 (7) TMI 677

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..... ns of Rule 15(1) of Cenvat Credit Rules was not justified. Otherwise also, excess found raw materials cannot be confiscated. Consequently, confiscation of the seized ingots as also imposition of penalty upon the appellant is set aside - Decided in favor of assessee. - 270 of 2010 SM - - - Dated:- 1-6-2012 - Ms. Archana Wadhwa, J. Shri Vikrant Kackria, Advovate for the Appellants Ms. .....

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..... is seen that the appellant had not taken any modvat credit on the said inputs. As such, invokation of provisions of Rule 15(1) of Cenvat Credit Rules was not justified. Otherwise also, I find that legal issue stands settled by various decisions laying down that excess found raw materials cannot be confiscated. Reference in this regard, is made to the Tribunal s decision in the case of CCE, Surat .....

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