2018 (5) TMI 870

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..... Show Cause Notice, provisions of Section 11A (2B) of CEA 1944 would get attracted - penalty set aside - appeal allowed - decided in favor of appellant.
Mr M V RAVINDRAN, MEMBER (JUDICIAL) And Mr C J Mathew, MEMBER(TECHNICAL) Shri Y. Srinivasa Reddy, Advocate for the Appellant. Shri Dora Reddy, Asst. Commissioner /AR for the Respondent. [Order per: M V Ravindran, Member (Judicial)] 1. Th .....

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..... the said notification dated 29.04.2008, the final products manufactured by the appellant were liable to duty. On being pointed out by the visiting Officers, they reversed the entire amount of CENVAT credit attributable `to manufacture of battery operated vehicles and the goods/inputs lying in stock, and claim relief under Section 11A (2B) of Central Excise Act, 1944 from imposition of penalty. Sho .....

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..... 012(279) ELT 503 (Kar.)] and by Hon'ble High Court of Gujarat in the case of Tejas Agency [2014(34) STR 803 (Guj.)] and the judgments followed by the Bench in the case of Jon Deere India Pvt. Ltd [2015(326)E.L.T 205 (Tri.-Mumbai)]. Since the law on the issue is fairly settled, we find that the impugned order imposing penalty of ₹ 5.00 lakhs under the provisions of Rule 15 (1) of CENVAT Credi .....

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