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2010 (8) TMI 233 - AT - Central ExciseCenvat credit – NCCD - NCCD paid on the clearance of POY for home consumption and no NCCD was being paid by on the clearances of POY for captive consumption for use in the manufacture of PT4 or on the clearances of POY free of duty to 100% EOUs by availing the benefit of Notification No. 1/95-C.E - credit taken no duty paid on the POY – Held that: - suppression of fact, mis-declaration and fraud is involved - cenvat credit can rightly be demanded under Rule 14 of Cenvat Credit Rules, 2004 with interest - appellants shall be liable to pay penalty equivalent to duty as per the provisions of Section 11AC of Central Excise Act, 1944
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