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TMI Blog2018 (3) TMI 1840X X X X Extracts X X X X X X X X Extracts X X X X ..... ression of fact with intent to evade payment of duty and other ingredients as mentioned under Section 11AC of the Central Excise Act, 1944. Therefore, imposition of penalty is unwarranted. Appeal allowed - decided in favor of appellant. - Ex.Appeal No. 75388/2017 - ORDER NO. FO/A/76092/2018 - Dated:- 19-3-2018 - SHRI P. K. CHOUDHARY, HON BLE JUDICIAL MEMBER For the Appellant : Shri Ank ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... found that they have availed the cenvat credit of ₹ 32,20,240/- on the said quantity of imported goods. It is found that they cleared 112.837 MT just after brushing and polishing of the said items on payment of duty to the tune of ₹ 15,22,201/-. A show cause notice dated 01.04.2015 was issued to deny the cenvat credit along with interest and to impose penalty. The adjudicating authori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e ld. Counsel appearing on behalf of the appellant submits that the managing director of the appellant company filed a separate appeal before this Tribunal, which was remanded to the Commissioner (Appeals). It is submitted that the Comm(A) vide OIA No. 574/HWH/CE/2017-18 dated 20.02.2018 allowed the appeal of the Managing Director in remand proceedings. The ld. Counsel further submitted that as pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the demand of cenvat credit. 7. I do not find any material on record indicating suppression of fact with intent to evade payment of duty and other ingredients as mentioned under Section 11AC of the Central Excise Act, 1944. Therefore, imposition of penalty is unwarranted. In view of the above discussion, the appeal filed by the appellant is allowed. (Operative part of the Order was pronou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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