9911796707
TMI Blog2017 (3) TMI 1213X X X X Extracts X X X X X X X X Extracts X X X X ..... dent ORDER This appeal is directed against the impugned order dated 02.06.2014 passed by the Commissioner of Central Excise and Customs, Jaipur. 2. Brief facts of the case are that the appellant is engaged in the manufacture of Electric Wires and Cables, falling under Chapter Heading 8544 of the Central Excise Tariff Act, 1985. The appellant is an EPCG license holder. On the basis of the EPCG l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , appropriation of cenvat reversal into the Government account and for imposition of penalty under Rule 15(2) of the Cenvat Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944. After issuance of Show Cause Notice, the appellant had deposited the interest amount on 28.06.2013. The show cause notice was adjudicated vide the impugned order, wherein cenvat credit amounting to Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unsel is that penalty cannot be imposed on the appellant since the entire amount of cenvat credit was reversed before issuance of the show cause notice and the amount of interest, which is penal in character, has also been paid before adjudication of the matter. 4. On the other hand, the ld. DR appearing for the respondent reiterated the findings recorded in the impugned order. 5. We have heard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment of suppression, fraud, collusion etc, with intent to avail wrong cenvat credit.
7. Therefore, we do not find any merits in the impugned order so far as imposition of penalty is concerned. Accordingly, we set aside the impugned order and allow the appeal of the appellant to the extent of imposition of penalty in the adjudication order.
(Pronounced in the open court on 20.02.2017) X X X X Extracts X X X X X X X X Extracts X X X X
|
