9911796707
TMI Blog2009 (1) TMI 163X X X X Extracts X X X X X X X X Extracts X X X X ..... found fault work for not taking reasonable steps as contemplated in Rule 7 of CENVAT Credit Rules, but they cannot be held liable to penalty u/s 11AC of CEA. 1944 - Moreover, suppression of facts/fraud or misdeclaration not proved - impugned imposing penalty u/r 13(1) [now 15(1)] of CCR} instead of 11AC of CEA, is justified - E/1306/2008 - A/150/2009-WZB/AHD, - Dated:- 13-1-2009 - Shri B.S.V. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... responsible for the same no evidence has been brought out to prove this. He observed that in the absence of evidence to show suppression of facts and involvement of respondents in the issue of bogus invoices, penalty under Section 11AC is not imposable. However, he held that the evidences are sufficient to conclude that the Cenvat credit availed is in contravention of the provisions of Rule 7(2) a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndents can be found fault with for not taking reasonable steps as contemplated in Rule 7 of Cenvat Credit Rules, but they cannot be held liable to penalty under Section 11AC. Further, I also agree that evidence put forth is not sufficient to arrive at conclusion of suppression of facts/fraud or misdeclaration. 3. In view of above, order of the Commissioner (Appeals), imposing penalty under Rul ..... X X X X Extracts X X X X X X X X Extracts X X X X
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