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2015 (3) TMI 1093 - AT - Central ExciseDuty demand - Invocation of extended period of limitation - Penalty u/s 11AC - Held that:- Commissioner by the impugned order by invoking extended period under proviso to Section 11A (1) has confirmed the duty demand of ₹ 11,27,06,058/- against the respondent alongwith interest on it under Section 11AB and has imposed penalty of ₹ 2,59,15,371/- on the respondent under Section 11AC. The Commissioner had also allowed Cenvat credit of ₹ 8,67,90,687/- and the penalty imposed under Section 11AC was the difference between the duty demand and the Cenvat credit admissible. It is seen that the appeal filed by the respondent against this order of the Commissioner has been allowed by the Tribunal vide judgment mentioned above and the entire order of the Commissioner has been set aside - Decided against Revenue.
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