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TMI Blog2017 (9) TMI 1117X X X X Extracts X X X X X X X X Extracts X X X X ..... alty imposed on the appellant equivalent to duty is on higher side - penalty reduced to ₹ 50,000/- - appeal allowed - decided n favor of appellant. - E/50854/2017-SM - A/56386/2017-SM[BR] - Dated:- 29-8-2017 - Mr. Ashok Jindal, Member (Judicial) Shri S.K. Mathur, Advocate - for the appellant Shri Pardeep Juneja, AR - for the respondent ORDER Per: Ashok Jindal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... c panels cleared to M/s Richa Global Exports Pvt. Ltd. In these set of facts, the proceedings were initiated against the appellant and Cenvat credit on input was denied. Consequently, duty was demanded along with interest and penalty under Rule 15 of Cenvat Credit Rules was imposed. Aggrieved from the said order, the appellant is before me only for reduction of penalty. 3. The ld. Counsel appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty.- (1) If any person, takes or utilises CENVAT credit in respect of input or capital goods or input services, wrongly or in contravention of any of the provisions of these rules, then, all such goods shall be liable to confiscation and such person, shall be liable to a penalty not exceeding the duty or service tax on such goods or services, as the case may be, or two thousand rupees, whicheve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... maximum penalty can be imposed equivalent to the duty but minimum penalty is discretion of the adjudicating authority. In the facts and circumstances of this case, the penalty imposed on the appellant equivalent to duty is on higher side. Therefore, in that circumstances penalty quantum is required to be reconsidered. 10. In this view I reduce the penalty to ₹ 50,000/-. 11. In view of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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