TMI Blog2016 (5) TMI 1393X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal is directed against the impugned order dated 06.09.2013 passed by the Commissioner (Appeals), Customs and Central Excise, Jaipur, upholding confirmation of cenvat demand along with the interest and penalty imposed in the adjudication order. 2. Brief facts of the case are that the appellant is engaged in manufacture of M S Ingots, falling under chapter 72 of the Central Excise Tariff Act, 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tlement of cenvat credit on the disputed goods, and thus the appellant entertained a bonafide belief that cenvat credit is available on such goods, and accordingly, availed such credit in the books of account. Since there is no element of suppression fraud, collusion misstatement etc, with intention to avail fraudulent cenvat credit, penalty cannot be imposed under Section 11AC of the Central Exci ..... X X X X Extracts X X X X X X X X Extracts X X X X
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