TMI Blog2021 (2) TMI 1133X X X X Extracts X X X X X X X X Extracts X X X X ..... of imposition of penalty under Rule 15(2) of Cenvat Credit Rules, 2004 is made out. Further cogent explanation given by the assessee have not been found wrong in the impugned adjudication order. It has been held by the Hon ble Bombay High Court in Commissioner of Central Excise, Pune-II Vs. Ajinkya Enterprises [ 2012 (7) TMI 141 - BOMBAY HIGH COURT] , that payment of duty on output/finished go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the records. 4. According to the findings in the impugned order, there was a dispute relating to input credit for the period 01.04.2009 to 31.03.2010 by M/s.Indian Oil Corporation, Barauni, which had received the input namely MT HDT Feed classifiable under Central Excise Tariff subheading 27 10 19 90 from M/s.Bongaigaon Refinery Petrochemicals Ltd, Bongaigaon for manufacture of HSD (High Sp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... From perusal of records it appears that it was one of the defence of the assessee that HDP Feed cannot be classified as HSD even if it conforms to the specification laid down under IS 1460: 2000 as the said specification is obsolete and replaced by IS 1460: 2005. It was further contended that HDP Feed is not marketable as such and HDP Feed is an intermediate input/product which is further process ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is made out. Further cogent explanation given by the assessee have not been found wrong in the impugned adjudication order. It has been held by the Hon ble Bombay High Court in Commissioner of Central Excise, Pune-II Vs. Ajinkya Enterprises [2013 (294) E.L.T. 203, that payment of duty on output/finished goods amounts to reversal of Cenvat credit taken on inputs. In this view of the matter, we find ..... X X X X Extracts X X X X X X X X Extracts X X X X
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