Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2015 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (10) TMI 1164 - AT - Central ExciseWaiver of pre deposit - Denial of CENVAT Credit - Penalty u/s 11AC - Capital goods - Held that:- Appellant in his appeal seeking relief only for waiver of interest and penalty and there is no contest on the demand of Cenvat amount. From the facts of the case I find that appellant have availed Cenvat credit admittedly which was inadmissible, however on pointing out by the department they have immediately paid the amount of Cenvat credit, however they have not paid interest. - Apex Court judgement [2011 (2) TMI 6 - Supreme Court] interest is payable on the Cenvat credit amount which comes to ₹ 65,707/- as confirmed by original authority. As regard imposition of penalty of equal amount of duty under Section 11AC, I am of the view that firstly appellant has taken this credit inadvertently. On pointed out by the department they immediately paid this amount without any contest. Looking to the conduct of the appellant, malafide can not be attributed. The appellant paid entire amount of Cenvat Credit before issuance of show cause notice. Therefore, I am of the view that appellant has made out a fit case for waiver of penalty imposed under Section 11AC - Decided partly in favour of assessee.
|