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 1672 - AT - Central ExciseDenial of CENVAT Credit - Imposition of penalty - Whether the appellant is liable to penalty for clearance of goods during the period July 2003 to March 2004, without payment of duty - Held that:- The appellants are not challenging the duty element but submit that as they were under a bona fide belief that with the death of proprietor of the unit, the manufacturing unit had stopped working, they cleared the goods without payment of duty. It is also their stand that they did not avail any benefit of CENVAT credit or duty paid on the inputs and used in the manufacture of such exempted goods. I find that inasmuch as all the goods were cleared on paper transactions and all the documents were maintained by the appellant, no malafide can be attributed to them. There could be a bona fide belief on their part that the new unit with a new proprietrix is entitled to fresh exemption. As such I do not consider this to be a case ofmala fide intention and by extending the benefit of doubt to the appellant, set aside the imposition of penalty upon them - Decided in favour of assessee.
|