Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2010 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (12) TMI 203 - CESTAT, DELHICenvat credit - shortage in the stock of finished goods in respect of sponge iron, shortage of 34.200 MT, involving cenvat credit of Rs. 50,791/- show cause notice was issued to the respondent for confirmation of duty demand on shortage of 34.200 MT of sponge iron under Rule 3(4) & 7(4) of the Cenvat Credit Rules, 2002 alongwith interest and also for imposition of penalty on the respondent under Rule 13 of Cenvat Credit Rules, 2002 read with Section 11AC of Central Excise Act, 1944 - Supreme Court in the case of Rajasthan Spinning & Weaving Mills Ltd reported in (2009 -TMI - 33419 - SUPREME COURT OF INDIA) and that in this case, when the elements of imposition of penalty under Section 11AC are present, there is no discretion left with the adjudicating authority and the penalty has to be imposed – decided in favor of revenue.
|