9911796707
TMI Blog2019 (3) TMI 1419X X X X Extracts X X X X X X X X Extracts X X X X ..... irected against the impugned order dated 07.05.2018 passed by the Commissioner of CGST and Central Excise (Appeals), Bhiwandi. 2. Brief facts of the case are that on the basis of anti-evasion case booked by DGCEI, MZU, Mumbai in respect of M/s. Shah Foils Ltd., Gujarat, the department investigated into the matter of availment of wrong Cenvat Credit by M/s. Magma Industries, Vasai (East). It was o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... firmed statutory liabilities. The said order also extended the benefit of payment of reduced amount of penalty in terms of clause (e) of sub-section (1) to Section 11 AC of the of the Central Excise Act, 1944. The adjudication order also imposed penalty, amounting to Rs. 11,28,706/- on the present appellant. On appeal against the adjudication order dated 09.12.2016, Learned Commissioner (Appeals) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be available to the appellant. 4. On the other hand, the Learned AR appearing for the respondent reiterated the findings recorded in the impugned order and further submitted that since the appellant had played active role in fraudulent availment of Cenvat Credit, imposition of equal amount of penalty is justified and in conformity with the statutory provisions. She has relied on the judgment of H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed reversal of Cenvat amount. Accordingly, vide adjudication order dated 09.12.2016, the original authority had extended the benefit of payment of the reduced amount of penalty to M/s. Magma Industries, in terms of clause (e) of sub-section (1) to Section 11 AC of the Central Excise Act, 1944. In this case, the appellant is the partner of M/s. Magma Industries. On perusal of the case records, I fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amount of penalty by the company/partnership firm was not the subject matter of dispute in those decided cases. Hence, I am of the considered view that in the facts and circumstances of the case, the appellant should be provided with the option to pay reduced amount of penalty. 7. In view of the above discussions, the impugned order is modified to the extent of reducing the quantum of penalty to ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
