2013 (8) TMI 23

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..... during such clearances, there is excess payment of duty and also there is short payment of duty if compared with the Cenvat credit that needs to be reversed - Inputs cleared by the appellant to one M/s. M.B. Enterprises who is a registered dealer and he has cleared these inputs to another registered dealer and, the second registered dealer has sold the same inputs back to the appellant – Held that .....

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..... nal penalty of Rs. 37,15,945 imposed on Shri Vipinbhai K. Patel under Rule 26(1) of Central Excise Rules. 2. Heard both sides and perused the record. 3. On perusal of the record, we find that above said amounts have been confirmed by the lower authorities as differential duty payable and also differential duty on inputs which were cleared from the factory premises without reversing the actual .....

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..... a registered dealer and he has cleared these inputs to another registered dealer and, the second registered dealer has sold the same inputs back to the appellant. The entire transaction does not throw any light as to why the appellant has not reversed the exact amount of cenvat credit involved in the inputs which were cleared from the factory premises on that date. Hence, we are of the view that .....

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