Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2010 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (9) TMI 371 - HC - Central ExcisePenalty – Cenvat credit taken – Held by Tribunal that assessee produced a forged/fabricated document in a transaction would call for prosecution and not penalty by quasi judicial authority - Under rule 209A the penalty can be imposed without ordering confiscation of the goods – . It is, thus, clear that in order to bring within its fold, the the case of a present nature. Rule 26 is enacted in March, 2007 whereas in the year 1995 when the show cause notice in question was issued, the said rule was not in the statute book. Consequently, the present case needs to be considered on the basis of text of rule 209A of the Rules and not on the basis of rule 26 of the Rules referred hereinabove. – The question of law framed, thus, stands answered in favour of the Assessee and against the Revenue
|