2017 (5) TMI 1182

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... facturer also availed the credit in the status of manufacturer therefore penal provisions u/r 15(4) is not applicable to the appellant. Therefore penalty imposed u/r 15(4) read with Section 78 of FA, 1994 which is applicable to the service provider is set aside - appeal allowed - decided in favor of appellant. - E/MA(ORS)92235/17-MUM, E/2041/10 - M/87231/17/SMB - Dated:- 28-4-2017 - Mr. Ramesh .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ld, penalty consequential to the wrong availment of credit is also imposable, hence there is not apparent mistake in the Tribunal's order. 4. I have carefully considered the submissions made by both sides. 5. I find that in the appeal, appellant specifically raised the issue of imposition of penalty under Rule 15(4) of Cenvat Credit Rules, 2004. However in the order of this Tribunal, the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... sions of the Excise Act, or of the rules made thereunder with intent to evade payment of duty, then, the manufacturer shall also be liable to pay penalty in terms of the provisions of section 11AC of the Excise Act. (3) In a case, where the CENVAT credit in respect of input or capital goods or input services has been taken or utilised wrongly by reason of fraud, collusion or any wilful mis-st .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X