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TMI Blog2018 (5) TMI 537X X X X Extracts X X X X X X X X Extracts X X X X ..... e had discharged the duty liability on Styrene Monomer cleared in MS Drums as a manufactured product. If the appellant discharged the Central Excise duty, he is eligible to avail the CENVAT credit which has been procured and having discharged the duty liability on the finished goods, they had in affect reversed the CENVAT credit availed by them on MS Drums. Penalty cannot be levied - appeal allowed - decided in favor of appellant. - E/1011, 1015/2009 - A/30413-30414/2018 - Dated:- 20-2-2018 - Mr. M.V. Ravindran, Member (Judicial) and Mr. C.J. Mathew, Member (Technical) Shri B.N. Gururaj, Advocate for the Appellant. Shri Hari Dass, (AR) for the Respondent. ORDER [Order per: M.V. Ravindran] These two appeals a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Adjudicating Authority by the Order-in-Original confirmed the demands raised for the period February, 2003 to September, 2007 along with interest and also imposed equivalent amount of penalty. Aggrieved by such an order, the appeal was preferred to the First Appellant Authority. The First Appellate Authority, after due process of law, set aside the demands for the period February, 2003 to February, 2006 and confirmed the demands for the period March, 2006 to September, 2007 and set aside the penalty imposed under Section 11AC. Revenue is aggrieved by such an order, for setting aside the demands for the extended period while assessee is aggrieved by the penalty upheld by the First Appellate Authority. 5. On careful consideration of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e CENVAT credit availed by them on MS Drums. This law is settled by the Hon ble High Court of Gujarat in the case of Commissioner of Central Excise Vs. Tripura Containers Pvt. Ltd., [2011 (264) ELT 339 (Guj.)]. Following the said ratio, we hold that the appellant correctly argued that penalty liability does not arise on them and having not contested the duty liability and the interest thereof, I uphold the term against the appellant along with interest and set aside the penalties imposed on them. Appellant assessee stands disposed of in the above terms. 7. As regards the Revenue s appeal, we find that the denial of CENVAT credit as such on the MS Drums is itself is wrong. It is the view expressed by the Tribunal following the ratio of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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