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TMI Blog2014 (8) TMI 624X X X X Extracts X X X X X X X X Extracts X X X X ..... est of ₹ 49,401/- as is apparent from the said order. The crucial issue is only penalty that has been imposed under Rule 15(2) of Cenvat Credit Rules, 2004. Learned Adjudicating Authority invoked Section 11AC for imposition of penalty under Rule 15(2). When this sub-rule is read, that does not bring a case of service tax issue since the input and capital goods are coverage of that sub-sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... circumstances of the case - Decided partly in favour of assessee. - E/2966/2011-SM(BR) - Final Order No. 411/2012-SM(BR)(PB) - Dated:- 17-4-2012 - Shri D.N. Panda, Member (J) Shri Bipin Garg, Advocate, for the Appellant. Shri Sanjay Jain, SDR, for the Respondent. ORDER Shri Bipin Garg, learned Counsel submits that there is already reversal of Cenvat credit of ₹ 7,37,62 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of Cenvat credit against the demand of ₹ 7,73,504/- as against which reversal to the extent of ₹ 7,37,624/- was made as per adjudication order and reasonable penalty may be imposed so that litigation shall come to an end. 4. Learned Representative for Revenue supports the order of the authorities below. 5. Heard both sides. 6. The appellant intends to end the litigation wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on (3) the adjudication order is not sustainable insofar as penalty imposed under Rule 15(2) is concerned. Appropriate sub-section is sub-section (3). It is pertinent to mention that while sub-section (2) deals with element of Section 11AC, sub-section (4) mentions about element of Section 78 of the Finance Act, 1994 for no mechanism provided in sub-rule (3) to invoke Section 11AC of Central Excis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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