9911796707
TMI Blog2013 (6) TMI 717X X X X Extracts X X X X X X X X Extracts X X X X ..... iled Cenvat credit of duty paid on capital goods. On the ground that the appellant had used capital goods for manufacture of exempted goods only, proceedings were initiated for recovery of Cenvat credit. Before proceedings were initiated, the appellant reversed the entire amount of Cenvat credit with interest. Thereafter show cause notice was issued after nearly one year for appropriation of amoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Central Excise Act, 1944. Once the amount is paid with interest and the department has been informed, proposal for imposition of penalty could be made only if allegation of suppression of facts or misdeclaration or fraud, collusion, etc. In the absence of such allegations, proposal for imposition of penalty itself cannot be sustainable. Accordingly, penalty imposed on the appellant of ₹ 1, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... several decisions of the Tribunal were considered for coming to the conclusion as to why photocopy of Bill of Entry cannot be accepted. On the other hand, in the case of Controls Drives Coimbatore (P) Ltd. (supra), the main consideration before the Tribunal seems to have been that - Where the value of import was very small, a consolidated Bill of Entry containing details of goods imported b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gly, the demand of Cenvat credit of ₹ 1,06,372/- is upheld with interest. In view of the decision of the Tribunal, I find that it may be appropriate to sustain the penalty. Since extended period has been invoked in respect of credit taken on inputs imported through courier and there is no way the department would have come to know of availment of credit on the basis of photocopy of Bill of E ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
