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2016 (5) TMI 1393 - CESTAT NEW DELHICENVAT credit - inputs/capital goods - M.S. Angles, H.R. Coils, Sections, Joints, Channels, Cements etc. - penalty - Held that: - the issue regarding entitlement of cenvat credit on disputed goods were highly debatable and the Larger Bench of this Tribunal in the case of Vandana Global Ltd. Vs. CCE [2010 (4) TMI 133 - CESTAT, NEW DELHI (LB)] has held that Central Excise duty paid on such goods are not available for cenvat credit. Penalty - Held that: - the period involved in this case is from 15.04.2008 to 19.01.2009, which is prior to the date of amendment of Rule 2(k) ibid and also pronouncement of the decision by this Tribunal in the case of Vandana Global - malafides cannot be attributed for imposition of penalty on the appellant. Appeal allowed - decided partly in favor of appellant.
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