Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2012 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (8) TMI 861 - AT - Central ExciseDenial of CENVAT credit - Penalty u/s 11AC - Credit had been taken on certain invoices without receipt of the inputs - Held that:- The show-cause notice issued by the Department clearly attributed fraud to the appellant, which is one of the grounds under Section 11AC for imposition of penalty. The show-cause notice also invoked Rule 15 of the CENVAT Credit Rules, 2004 which expressly made Section 11AC applicable to a case of irregular and fraudulent availment of CENVAT credit. In this factual scenario, the appellant has no case against the penalty imposed under Section 11AC of the Central Excise Act, though they are entitled to the benefit of 1st proviso to Section 11AC of the Act. Indeed, the appellant has already availed themselves of this benefit by paying up 25% of the duty amount towards penalty under Section 11AC within the period prescribed under the said proviso - Decided against assessee.
|