TMI Blog2012 (1) TMI 109X X X X Extracts X X X X X X X X Extracts X X X X ..... vision covers a situation like this wherein the manufacturer is a Private Limited company and the person on whom the penalty is imposed is the Director of the company. As submitted by the appellant, the Director is not covered by the relevant rules and therefore penalty imposed on the Director cannot be sustained and accordingly set aside - Decided in favour of assessee. - E/804-805/2011 - Final Order Nos. A/59-60/2012-WZB/AHD - Dated:- 5-1-2012 - Shri B.S.V. Murthy, Member (T) Written Submission by the Appellant. Shri R. Nagar, AR, for the Respondent. ORDER Today, the stay application has been listed, but I find that the entire amount of Cenvat Credit has been denied and demanded, interest thereon and penalty imposed has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is found that the original Adjudicating authority did not extend such option to the 1st appellant while confirming the demand and Commissioner (Appeals) has rejected the request on the ground that the appellant had not paid the penalty within 30 days of the communication of the order and therefore, such benefit cannot be extended. The appellant submitted that in case such option would have been extended, the appellant would have paid 25% of the Cenvat Credit wrongly availed towards penalty within 30 days. Therefore, in view of the precedent decision of this Tribunal, such benefit may be extended to them. In view of the decision of this Tribunal in the case of Swati Chemicals Industries Ltd. reported in 2009 (248) E.L.T. 421, upheld by Hon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s likely to take or has taken any ineligible benefit under the Act or the rules made thereunder like claiming of Cenvat Credit under the Cenvat Credit Rules, 2004 or refund, shall be liable to a penalty not exceeding the amount of such benefit or five thousand rupees, whichever is greater. Rule 15(2) - Confiscation and penalty. - In a case, where the Cenvat Credit in respect of input or capital goods has been taken or utilized wrongly on account of fraud, wilful mis-statement, collusion or suppression of facts, or contravention of any of the provisions of the Excise Act or the rules made thereunder with intention to evade payment of duty, then, the manufacturer shall also be liable to pay penalty in terms of the provisions of Section ..... X X X X Extracts X X X X X X X X Extracts X X X X
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