Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2014 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (11) TMI 860 - BOMBAY HIGH COURTCENVAT Credit - Penalty u/s 11AC - Bombay High Court admitted the appeal of the Revenue filed against the decision of CESTAT MUMBAI [2005 (4) TMI 202 - CESTAT, MUMBAI] on the following substantial questions of law:- Whether in the facts and circumstances of the case the Tribunal is right in holding that the penalty levied upon the respondents by the Adjudication Authority for availing Modvat Credit on full quantity shown in the invoices when in fact quantity of inputs received in factory was short and thus huge amount of ₹ 9,33,428/ credit was wrongly availed of by the Respondent? Whether in the facts and circumstances of the case the Adjudicating Authority was wrong in confirming the demand and imposing equal penalty upon the respondent under Section 11AC of the Central Excise Act, 1944 and imposing the penalty under Rule 25 and 27 of the Central Excise (No. 2) Rules 2001, particularly when it is on record the shortage of quantity was large? Whether the Tribunal was right in ignoring the decisions of the CESTAT in the matter of M/s. Bombay Dyeing & Mfg. Co. Ltd. reported at [1999 (5) TMI 210 - CEGAT, MUMBAI] which case is directly applicable in the present case. The Bombay Dyeing’s decision clearly lays down that the inputs received on weighing are less that what is actually supplied. The assessee is liable to penalty for such short supply?
|