9911796707
TMI Blog2016 (12) TMI 390X X X X Extracts X X X X X X X X Extracts X X X X ..... s statutory permissions as well as electricity and water connections, the Appellants could not commence the commercial production during the said period, accordingly, to avoid the damage to the inputs received and lying in stock were cleared to their sister concern on reversal of credit availed on such inputs under proper excise invoices mentioning the relevant rule 3(5) of CCR,2004. All these facts have been disclosed by the Appellants in their statutory ER1 returns. The sample copy of ER1 return filed by the Appellant for the month of March 2010 duly acknowledged by the Department reveals that they have discharged the credit availed by them during the relevant period on clearance of inputs. Also, the statement furnished by the learned Cha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and penalty of equal amount imposed, and imposed personal penalty of ₹ 1 lakh imposed on Shri Jayant H. Solanki, Director of the Appellant company. Aggrieved by the said order, the Appellants preferred appeals before the learned Commissioner (Appeals), who in turn, rejected their appeals. Hence, the present appeals. 3. The learned Chartered Accountant for the Appellants submits that after obtaining Central Excise registration from the Department on 21.05.2009, they commenced procurement of inputs anticipating that all govt. approvals and necessary infrastructures like water connection, electricity connection would be provided to them by the respective statutory authorities. However, since the electricity and water connectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... receipt of various statutory permissions as well as electricity and water connections, the Appellants could not commence the commercial production during the said period, accordingly, to avoid the damage to the inputs received and lying in stock were cleared to their sister concern on reversal of credit availed on such inputs under proper excise invoices mentioning the relevant rule 3(5) of CCR,2004. All these facts have been disclosed by the Appellants in their statutory ER1 returns. The sample copy of ER1 return filed by the Appellant for the month of March 2010 duly acknowledged by the Department reveals that they have discharged the credit availed by them during the relevant period on clearance of inputs. Also, the statement furnishe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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