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TMI Blog2017 (11) TMI 331X X X X Extracts X X X X X X X X Extracts X X X X ..... terest had been paid by the respondent before issuance of SCN. Considering the said facts, the Ld. Commissioner(Appeals) waived the penalty invoking provision of Section 11A(2B) - Section 11AC penalty cannot be imposed if the respondent has opted for provision of Section 11A(2B) under which they have admittedly paid entire amount along with interest before issuance of show cause notice. Therefore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me court case in Union of India Vs. Dharamendra Textile Processors [2008(231) ELT 3]. 3. On the other hand, Shri. Jayant Kumar, Ld. Counsel for the Respondent submits that issue relates to the reversal of Cenvat credit in respect of stock as on 31st March of every financial year due to their opting of SSI exemption. The issue was raised by the audit, accordingly they had reversed the Cenvat credi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tter were held on 09.11.2010 which was attended by Shri Ghanshyam R. Gupta, Partner and Shri D.S. Ladda, Advocate on behalf of the appellant. Shri Ladda explained the appeal and reiterated the submissions made in the appeal book. He emphasized that the appellant had paid the Central Excise duty involved well before the issuance of show cause notice along with the interest. Therefore, as per the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AC ibid. I find that, the appellant had paid the entire amount required to be paid as per Rule 11(2) of Cenvat Credit Rules, 2004 before issuance of show cause notice. Therefore, the show cause notice demanding same amount need not have been issued. Further, I find that when show cause notice itself was not required to be issued there is no question of imposition of any penalty whatsoever. Therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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