Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2011 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (1) TMI 781 - AT - Central ExcisePenalty - Inputs used by assessee is furnace oil which was used for generating electricity, which, in turn, was used for manufacture of dutiable as well as fully exempted finished products - They still took Cenvat credit on the entire quantity of the fuel inputs while in terms of the clear provisions of Rule 6(1) they should have confined the Cenvat credit only to that quantity of fuel inputs which was required for generating electricity required for use in the manufacture of dutiable finished products and the Department was never informed in this regard - Held that:- the respondent are guilty of suppressing the relevant information from the Department and, therefore, the longer limitation period under proviso to Section 11A(1) of Central Excise Rules, 1944 and Rule 57-I(i)(ii) of Central Excise Rules, 1944 has been correctly invoked. For the same reason penalty under Rule 57-I(4) of Central Excise Rules, 1944/ Rule 13 of Cenvat Credit Rules, 2002 readwith Section 11AC of Central Excise Rules, 1944 has also been correctly imposed - Thus, the Revenue’s appeal is allowed.
|