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2011 (2) TMI 761 - CESTAT, DELHIPenalty under section 11AC - There is no dispute that 12,000 kgs. of polyester and viscose staple fibre, in respect of which cenvated had been taken, was removed from the appellant s factory to M/s Modern Polyester Yarn, a 100% EOU belonging to the same group of companies without payment of duty or reversal of Cenvat credit and without issue of the invoice and this removal amounts to clandestine removal without of duty in contravention of the provisions of the Cenvat Credit Rules and hence the conditions for imposition of penalty under Section 11AC are satisfied and accordingly the penalty equal to the duty demanded would be attracted - Do not find any infirmity in the order passed by the Commissioner (Appeals) by which the penalty equal to the duty demanded had been upheld - The appeal is, therefore, dismissed.
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