9911796707
TMI Blog2017 (9) TMI 446X X X X Extracts X X X X X X X X Extracts X X X X ..... ived by them, a fact evidenced once the appellant has reversed the said amount on 31.07.2008, on being pointed out by audit party, hence the reversal of Cenvat credit is rightly upheld - confiscation upheld - redemption fine seems to be on higher side and is reduced to ₹ 2.00 lakhs. As regards the penalty imposed under provisions of Rule 15 (2) of CCR 2004, the said provision may not be a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of capital goods and redemption fine imposed thereof in lieu of confiscation and also for imposition of penalty under Provisions of Rule 15 (2) of Cenvat Credit Rules, 2004. 4. The relevant facts that arise for consideration after going through the details are that the appellant availed excess credit in the month of February 2008, of an amount of ₹ 24,97,350/- in respect of the capital ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by adjudicating authority. 5. It was brought to my notice that against such an order by the first appellate authority dropping the payment of interest, Revenue appealed before this Tribunal vide appeal No. E/2075/2010-SM which was disposed of vide Final Order No. A/30018/2017, dt. 09.01.2017 on merits as well as on monetary limits. 6. I find that the appellant is only contesting the im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce the appellant had reversed the cenvat on being pointed out, the redemption fine imposed is reduced to ₹ 2.00 lakhs (Rupees two lakhs only) and the impugned order is modified to that extent. 9. As regards the penalty imposed under provisions of Rule 15 (2) of Cenvat Credit Rules 2004, I find that the said provision may not be applicable in the case in hand. I find that the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ade duty is primary requirement for invoking provisions of rule 15 (2) of Cenvat Credit Rules, 2004. 10. In view of the facts mentioned above, I find that the provisions of Rule 15 (2) of Cenvat Credit Rules, 2004 will not be attracted to the case in hand. 11. On this ground, I set aside the penalty imposed on the appellant under provisions of Rule 15(2) and allow the appeal on this point. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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