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2012 (12) TMI 916 - AT - Central ExciseWrong availment of CENVAT Credit - Shortage of goods - Invoices not in the name of company - Held that:- shortage is admittedly because of removal on cash basis and wrong availment of Cenvat credit took place and the company could not produce evidence showing inputs. As regards wrong availment of cenvat credit in respect of 100% EOU, it can be said that the same is technical in nature, in view of the fact that there have been such similar instances before this Tribunal earlier. Therefore, it cannot be said that the appellant Co. is an exceptional one. Having regard to the fact that there is no evidence of clandestine removal other than shortage and the fact that the statement of director was not fully inculpatory, leniency as regards quantum of penalty is warranted. Accordingly, penalty imposed on the director is reduced - Decided partly in favour of assessee.
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