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2014 (2) TMI 689 - AT - Central ExciseReversal of cenvat credit more than the credit availed on removal of inputs as such - Waiver of pre-deposit - The Hon’ble High Court has reversed the decision of the Tribunal and held that the appellant cannot pay excess amount on the inputs as duty and holding so, they directed the appellant to pay the entire amount paid in excess through PLA and also upheld the penalties imposed under Rule 15 of the Cenvat Credit Rules, 2004. - Held that:- appellant to deposit an amount of Rs.1,68,99,531/- in cash - stay denied. Regarding penalty under Rule 25 - Held that:- prima facie, the penalty imposed by the adjudicating authority under the provisions of Rule 25(1)(a) of the Central Excise Rules, 2002 may not arise, as the said provisions would indicate that the penalty under Rule 25(1)(a) can be imposed only if the manufacturer removes any excisable goods in contravention of any of the provisions of this rule. It is on record that the appellant had discharged the Central Excise duty on the inputs removed as such and that too more than the actual duty. Hence, the provisions of Rule 25(1)(a) of Central Excise Rules do not prima facie get attracted. - Stay granted towards penalty. Regarding penalty under Rule 15 - Held that:- the said issue was not argued before the Hon’ble High Court and framed as question of law and we find that during the relevant period in this case i.e. July, 2006 to June, 2008, the period during which the appellant discharged the duty on the inputs cleared by them through CENVAT account, they had an order of the Tribunal in their favour and the provisions of Rule 15(1) reproduced herein above may not prima facie indicate that the appellant needs to be penalized for such contravention. - Stay granted towards penalty.
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