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TMI Blog2018 (3) TMI 1480X X X X Extracts X X X X X X X X Extracts X X X X ..... or the respondent-assessee. 2. As per facts on record, a team of Anti-Evasion Branch of Noida visited the premises of the party on 09.09.2010. During the course of checking, it was noticed that the unit had cleared finished goods valued at Rs. 1,09,83,729/-, during the period from December, 2009 to August, 2010 under Deemed Exports, to Hotels against Authorizations under EPCG Scheme, without discharge of duty obligations. Further, it was also noticed that Cenvat credit amounting to Rs. 73,391/- was availed by the party on the four invoices issued by M/s Mardia Alloys, during May & June 2006, against invoices issued by M/s V.K. Metals, Jammu who had issued fake invoices without being engaged in any manufacturing activity and physical cleara ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AC of the Central Excise Act, 1944 and Rule 15 of Cenvat Credit Rules, 2004. 2.3 The above Show Cause Notice was adjudicated vide impugned order under which demand of Central Excise Duty Rs. 10,55,734/-, demand of Cenvat credit 73,391/- along with interest confirmed, besides imposing penalty of Rs. 11,29,125/-. The amount of demand of duty Rs. 10,55,734/- and interest Rs. 28,153/- against demand and amount of Cenvat credit Rs. 73,391/- was already deposited hence the same has been ordered for appropriation against the demand of duty, interest and Cenvat credit. 2.4 Being aggrieved by the impugned order, the party has filed the an appeal before Commissioner (Appeals) and Commissioner (Appeals) Noida after going through the facts of the cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e not complied with the condition stipulated under said notification 34/2006 to the Hotels under SFIS are not entitled for exemption from duty. In view of the above facts, I uphold the order of the adjudicating authority upholding the demand of Central Excise duty of Rs. 11,29,125/- along with interest." 2.7 Further as regard imposition of penalty under Section 11AC, the Commissioner (Appeals) observed that the appellant had already paid the Central Excise duty with interest before issuance of the Show Cause Notice, the Section 11 A(2) of the Act clearly gives benefit to the assessee in such a situation. Accordingly, the Commissioner (Appeals) opined that the provision of Section 11A(2) of the Central Excise Act, 1944 are squarely applicab ..... X X X X Extracts X X X X X X X X Extracts X X X X
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