9911796707
TMI Blog2013 (12) TMI 167X X X X Extracts X X X X X X X X Extracts X X X X ..... if the appellant’s other units have taken the credit of the capital goods and subsequently reversed the same and credit has been taken - this itself would prove that the appellant’s other units were registered with Central Excise Authority - the entire issue is revenue neutral - the ground of revenue neutral is a strong ground for setting aside any penalty imposed on the appellant as there cannot be any intention to evade duty - Penalty u/s 11AC read with provisions of Rule 15 of the Cenvat Credit Rules, 2004 directed to be waived – Decided in favour of Assessee. X X X X Extracts X X X X X X X X Extracts X X X X ..... -2011/4-5-2011 remanded the matter back to the Commissioner (Appeals), Ahmedabad. This impugned order which is challenged before us is passed in remand order by the Commissioner (Appeals). Ld. Commissioner (Appeals) after following the due process of law, has upheld that the Tribunal had remanded the matter back to the Commissioner (Appeals) for fresh decision as regards to imposition of penalties only which is to the tune of Rs. 8,25,450/-. After considering the submissions made before her, she upheld the order-in-original which imposed above said amount of penalty. 3. Ld. counsel appearing on behalf of the appellant would submit that the appeal is directed against the imposition of penalty on the appellant under Section 11AC of the Centr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... who have availed the Cenvat credit. 4. Ld. DR on the other hand would submit that the appellant has not followed the procedures laid down in the Cenvat Credit Rules. It is his submission that appellant could have reversed the Cenvat credit attributable to the capital goods transferred to their sister concern, nor could have retaken the credit after the capital goods are received back from their sister concern. It is his submission that the appellant has not evidenced their sister concerns were registered and were availing Cenvat credit. 5. I have considered the submissions made at length by both sides and perused the records. 6. Both sides agree that the issue involved in this case is only regarding the upholding of the penalty under Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thority. I find strong force in the contentions raised by the ld. Counsel that the entire issue is revenue neutral. I find that, the ground of revenue neutral is a strong ground for setting aside any penalty imposed on the appellant as there cannot be any intention to evade duty, more so, in the case in hand.
10. Accordingly in view of the foregoing in the facts and circumstances of this case, I set aside the impugned order which upholds the penalty imposed on the appellant under the provisions of Section 11AC read with provisions of Rule 15 of the Cenvat Credit Rules, 2004.
11. Impugned order is set aside and the appeal is allowed with consequential relief, if any.
(Pronounced in the Court on 19-4-2013) X X X X Extracts X X X X X X X X Extracts X X X X
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