2018 (10) TMI 150

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..... respondent ORDER Per: Shri S K Mohanty 1. Imposition of penalty under Rule 15 (2) of Cenvat Credit Rules, 2004, read with Section 11AC of the Central Excise Act, 1944, is the subject matter of present dispute. 2. Brief facts of the case are that the appellant is engaged in the manufacture of "Compressed Natural Gas (CNG), falling under Chapter sub-heading No.2711.21 of the Central Excise Tar .....

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..... alty. The matter was adjudicated vide impugned order dated 08/04/2010, wherein Cenvat demand of Rs. 1,47,14,325/- was confirmed against the appellant along with interest. The amount of credit along with interest already paid by the appellant was appropriated in the said order. Besides, the impugned order also imposed equal amount of penalty under Rule 15 (2) of the Rules read with Section 11AC of .....

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..... , etc., in availing the credit by the appellant. Thus, she submits that imposition of penalty on the appellant is not proper and justified. 4. On the other hand, the learned DR appearing for the Revenue reiterates the findings recorded in the impugned order. 5. Heard both sides and perused the case records. 6. The fact is not under dispute that on receipt of the duty paid capital goods in godow .....

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