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TMI Blog2018 (1) TMI 156X X X X Extracts X X X X X X X X Extracts X X X X ..... it of ₹ 10,04,379/- which was debited, first towards duty and subsequently paid in cash as per the direction of the lower authorities. Penalty u/s 112 - Held that: - the penalties so imposed under section 112 of Customs Act, 1962 for violation of the conditions of notification, though on the lower side, needs to be modified and I hold that a penalty of ₹ 15,000/- is just in the interest of justice as a deterrent. Penalty u/s 25 of CER, 2002 and u/r 15(1) of CCR, 2004 - Held that: - both these penalties are unwarranted on the fact of the records that appellant had not cleared the goods without payment of duties and has not availed any improper cenvat credit. Penalties imposed under these two heads are also set aside. Pen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... full exemption from Central Excise Duty, vide S.No.84 of the Schedule to Notification 6/2006-CE, dated 1.3.2006 and as listed at Sl.No.11 of the List 5 annexed to notification. (c) The 100% EOU is entitled to import inputs for its manufacture of photovoltaic cells duty free, and is also entitled to procure indigenously inputs duty free. The obvious condition is that these inputs should be used only in the manufacture of such goods which are fully exported. If the manufactured goods are cleared to domestic tariff area, the respective duties not paid on the inputs should be proportionately paid through Current Account only and not from Cenvat account. The relevant Notifications are Notification No.52/2003-Cus and 22/2003-CE both dated 31 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the entire case from that angle and as also that as an EOU, appellant is eligible to avail the Cenvat credit and could have claimed the refund of such credit, I find that it is fair and just and appellant be allowed to take the credit of ₹ 10,04,379/- which was debited, first towards duty and subsequently paid in cash as per the direction of the lower authorities. 6. As regards the penalties imposed on the appellant for this infraction, I find that the penalties so imposed under section 112 of Customs Act, 1962 for violation of the conditions of notification, though on the lower side, needs to be modified and I hold that a penalty of ₹ 15,000/- is just in the interest of justice as a deterrent. As regards the penalty imposed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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