2016 (5) TMI 993

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..... ind that to counter the categorical assertion of the appellant that these scrap materials were not connected to any capital goods on which credit has been availed no enquiry or finding has been recorded by the lower Authorities. To apply above-mentioned Rule, it is necessary to give a finding that the capital goods on which the credit was availed are cleared as waste and scrap. Such assertion with .....

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..... Steel cleared by them. The Original Authority confirmed a demand of ₹ 2,74,983/- in terms of Rule 3 (5A) of Cenvat Credit Rules, 2004. He imposed equal amount of penalty on the appellant. On appeal, the Commissioner (Appeals) vide the impugned order upheld the original order. Aggrieved by this, the appellant filed this appeal. 2. Heard both the sides and examined the appeal records. The .....

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..... er the categorical assertion of the appellant that these scrap materials were not connected to any capital goods on which credit has been availed no enquiry or finding has been recorded by the lower Authorities. To apply above-mentioned Rule, it is necessary to give a finding that the capital goods on which the credit was availed are cleared as waste and scrap. Such assertion with supporting evide .....

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