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TMI Blog2012 (8) TMI 855X X X X Extracts X X X X X X X X Extracts X X X X ..... tered against M/s. New India Extrusion Pvt. Ltd. For availing cenvat credit of Rs.5,43,842 wrongly without actual receipt of goods but on the basis of invoices. The demand for cenvat credit wrongly availed with interest was confirmed and penalty equal to the duty was also was imposed. A penalty of Rs.5 lakhs was imposed on the director. On an appeal filed by the director, the Commissioner (Appeals ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bjections and in the cross objections, they have relied upon the decisions of the Tribunal in the case of Hitesh Kumar Patel 2009 (245) ELT 858 (Tri. Ahmd.), CCE Vapi Vs. Bhavani Smelters Pvt. Ltd. 2009 (236) ELT 176 (Tri. Ahmd.) to submit that reduction of penalty on the director is appropriate and there is no need to interfere with the order. 3. I have considered the submissions made by both th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd authorised signatory of the company. Accordingly, revenue's appeal in respect of the said two respondents are rejected. The application and the appeal are disposed of in the above terms 5. In the decision cited above, the Tribunal has taken a view that penalty on the managing director need not be imposed when the assessee was penalized. Further it also cannot be said that Commissioner has not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m the company for availing the wrong benefit. In view of the fact that he has not received any extra benefit or personally did not benefit more than what he was entitled to because of wrong availment of credit, I consider that penalty of Rs.1,25,000/- confirmed in the impugned order is sufficient. Accordingly, appeal filed by the Revenue is rejected and cross objection also gets disposed of. (Dic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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