2015 (6) TMI 264

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..... f facts of the case are that the appellants had availed cenvat credit on various capital goods during the establishment of the new unit and a show cause notice was issued to them proposing to deny cenvat credit amounting to Rs. 60,27,939/-. The case was adjudicated vide the impugned order wherein the Commissioner has confirmed a demand of Rs. 13,34,445/-. The Commissioner has also confirmed intere .....

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..... has not gone into merits for the reason that the appellants are not contesting the said amount. The learned counsel for the appellant stated that even though they have filed an appeal for an amount of Rs. 8,13,887/- and imposition of equal penalty, they are no more pressing denial of the cenvat credit but they are pressing for imposition of equal penalty under Section 11AC. His main contention for .....

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..... n him to avail the cenvat credit which is inadmissible and the appellant has failed in the said duty. They have reversed the cenvat credit only after detection by the departmental officer during the scrutiny of the records. 5. I have considered the submissions of both the sides. The only issue to be decided is whether penalty can be imposed under the facts and circumstances of the case. It is see .....

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