9911796707
TMI Blog2022 (2) TMI 730X X X X Extracts X X X X X X X X Extracts X X X X ..... r, the bill of entry is not an invalid document, the only lapse on the part of the company is that they have taken the credit on the Bill of Entry whereas the custom duty was paid but the same was not in the name of the M/s Nitco Ltd , Village- Silli, Silvassa, Gujarat. In this fact it cannot be said that the present appellant who is an employee of the company has intentionally done any fraud. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... H NAIR, MEMBER (JUDICIAL) None appeared for the Appellant Shri Ghanshyam Soni, Joint Commissioner (Authorized Representative) for the Respondent ORDER In the present appeal the appellant has challenge the imposition of personal penalty of ₹ 2,50,000/- under Rule 15(1) of Cenvat Credit Rules, 2004 read with Rule 26 of Central Excise Rules, 2002.The said penalty was imposed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is no dispute that the M/s Nitco Ltd has availed the wrong credit as the credit was taken on Bill of entry which is not in favour of the Nitco Ltd , Village Silli ,Silvassa, Gujarat. The present appellant was aware of this wrong availment of credit and he was also aware of Cenvat Credit provisions therefore, he was rightly imposed with a penalty under Rule 15(1) of Cenvat Credit Rules, 2004 read ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssa, Gujarat. In this fact it cannot be said that the present appellant who is an employee of the company has intentionally done any fraud. The issue involved is of interpretation of Cenvat Credit Rules, 2004 for which the company M/s Nitco Ltd, Silli has been demanded the wrongly availed credit and penalty was also imposed. In my view in this nature of case personal penalty cannot be imposed on t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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