9911796707
TMI Blog2012 (10) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... it – assessee availed Cenvat credit on the basis of certain invoices twice, which on being pointed out by the audit was reversed – Held that:- It is only for imposition of penalty equal to the wrongly availed Cenvat credit under the provisions of sub-rule (2) of Rule 15 read with Section 11AC of the Central Excise Act, 1944, that the mens rea is required to be proved - imposition of penalty equal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missioner vide order-in-original No. 51/2008 dated 7-10-2008, beside confirming Cenvat credit demand of Rs. 2,15,737/- also demanded interest on the same under Rule 14 of Cenvat Credit Rules, 2004 read with Section 11AB of Central Excise Act and imposed penalty on them under Rule 15 of Cenvat Credit Rules. On appeal being filed before the Commissioner (Appeals) by the respondent, the Commissioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the learned Departmental Representative who pleaded that so far as the question of interest for the period of wrong availment of Cenvat credit is concerned, the issue stands decided in favour of the respondent by the judgment of Hon'ble Supreme Court in the case of Union of India v. Ind-Swift Laboratories Ltd. reported in 2011 (265) E.L.T. 3 (S.C.), that since this is a case of wrong availment of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rong Cenvat credit and also whether they are liable for penalty under Rule 15(1) of Cenvat Credit Rules, 2004. So far as the question of interest for the period of wrong availment of the Cenvat credit, the same stands decided in favour of the department by the judgment of Hon'ble Supreme Court in the case of UOI v. Ind-Swift Laboratories Ltd. (supra), and, hence, the Commissioner (Appeals)'s order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... justified and the same has to be reduced. 6. In view of the above discussion, the Commissioner (Appeals)'s order setting aside the interest and penalty is set aside and in this regard, the order passed by the original Adjudicating Authority is restored. However, looking to the circumstances of this case, penalty under Rule 15(1) of Cenvat Credit Rules, 2004 is reduced to Rs. 20,000/-. Reven ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
