9911796707
TMI Blog2013 (11) TMI 1031X X X X Extracts X X X X X X X X Extracts X X X X ..... the amount involved is less than ₹ 10 Lakhs, unless the issue involved is recurring and/or it raises a pure substantial question of law - CESTAT has quashed the order of penalty on the ground that there will be a revenue neutrality and there was no loss to the department - the penalty under section 11AC of the Central Excise Act, 1944 has been quashed and set aside, Thus, the Tribunal has n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and has quashed and set aside the order of penalty imposed under section 11AC of the Central Excise Act, 1944 read with Rule 15 of the Cenvat Credit Rules, 2004. [2] We have heard Mr.Y. N. Ravani, learned counsel appearing on behalf of the appellant and Mr.Hardik P. Modh, learned advocate appearing on behalf of the respondent. [3] At the outset, it is required to be noted that in the present a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he learned CESTAT has observed as under: On the factual matrix as reproduced hereinabove, I find that the entire case can be decided on the question of revenue neutrality. When it is not disputed that the capital goods on which credit was availed was transferred / cleared for the purpose of doing job work to the appellant s own unit i.e. unit No.2 3 within the same Commissionerate, it cannot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the aforesaid facts and circumstances of the case, when the penalty under section 11AC of the Central Excise Act, 1944 has been quashed and set aside, it cannot be said that the learned Tribunal has committed any error and/or illegality. On facts, no question of law muchless any substantial question of law has arisen. Under the circumstances, the present appeal deserves to be dismissed and is acc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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