2017 (10) TMI 961

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..... , 2004 was not in existence - credit was already reversed - Held that: - Considering the fact that the appellant is Govt. of India undertakeing and there cannot be any malafide intention, the appellant made out a strong case for waiver of penalty - penalty set aside - demand of credit with interest upheld - appeal allowed in part.
Shri Ramesh Nair, Judicial Member Ms. Aparna Hirandagi, Advocat .....

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..... order-in-original. The only contest is on penalty imposed under Section 11AC read with Rule 15 of the Cenvat Credit Rules, 2004. She submits that the CENVAT credit was inadvertently availed therefore they did not have any malafide intention. The appellant is Govt. of India undertaking and paying huge amount of Revenue therefore there cannot be malafide intention to evade a small amount of ₹ .....

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..... ndra Sona Ltd. - 2016-TIOL-1174-CESTAT-MUM (d) CC v. Rathi Steel and Power Ltd. - 2015-TIOL-1416-HC-ALL-CX. 4. I have carefully considered the submissions and perused the records. 5. I find that there is no contest on the demand of CENVAT credit which the appellant have admittedly paid. The learned Counsel only praying for waiver of penalty imposed under Section 11AC of Central Excise Act, 1944 .....

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