2016 (1) TMI 691

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..... utive Officer of the company also does not indicate any reasons for invoking suppression/mis-declaration. The Chief Executive Officer has stated that it was an error on their part. On the same being pointed out they have paid duty and interest. There was no evidence of any suppression or mis-declaration brought out in the proceedings. In the instant case, the appellant could not have gained moneta .....

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..... had cleared raw materials/inputs on which they had taken CENVAT Credit on payment of duty on the prevailing value of goods. They were required to reverse CENVAT Credit in terms of Rule 3(5) of the Cenvat Credit Rules, 2004. (ii) They had cleared semi-finished materials to their sister unit without properly calculating the cost of production resulting in short levy of duty. 2. The appellants .....

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..... unal in case of MIRC Electronics Vs. Commissioner of Central Excise, Thane-I - 2015 (318) ELT 682 (Tri-Mum). She further argued that their case is also covered under Section 11A(2B) of the Central Excise Act. She argued that at the material time, the said Section provided that where any amount of excise duty demanded is reversed or paid by the assessee before issue of show-cause notice along with .....

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..... f the company also does not indicate any reasons for invoking suppression/mis-declaration. The Chief Executive Officer has stated that it was an error on their part. On the same being pointed out they have paid duty and interest. There was no evidence of any suppression or mis-declaration brought out in the proceedings. In the instant case, the appellant could not have gained monetarily as it is n .....

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..... which we find has strong force. Since there is revenue neutral situation, there cannot be any intention to evade duty and more specifically when the appellant has discharged CVD/Central Excise duty on parts, components and accessories on clearance. 10. In view of the judicial pronouncements and foregoing the impugned order is unsustainable and is liable to be set aside. The impugned order is .....

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