2015 (7) TMI 424

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..... avindran: 1. This appeal is directed against Order-in-Appeal No. SB/56/LTU/MUM/2010 dated 26.03.2010. 2. Relevant facts that arise for consideration are, appellant is engaged in the manufacture of excisable goods, falling under chapter -87 and are availing Cenvat Credit under Cenvat Credit Rules, 2004. It was observed that the appellant has fraudulently availed Cenvat Credit on invoices without .....

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..... d issue is pending. He would submit that they have not paid the interest only for the reason that the Cenvat Credit wrongly availed, was not utilized. He would submit that the penalty is not to be imposed as there was no intention to avail wrong credit by the company. 4. Learned departmental Representative on the other hand could draw my attention to the findings on the fact by the lower authorit .....

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..... here is no dispute as to the facts, that one of the employee of the appellant has engaged himself in fraudulent act, so as to enrich himself, by availing Cenvat Credit on the invoices raised by the supplier without receipt of inputs. It is to be noted that the appellant company had lodged a FIR on 23.01.2007 against the said employee with local police station. At the outset, I would record that th .....

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