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2015 (11) TMI 559 - AT - Central ExciseExcess utilization of cenvat credit - Penalty imposed on the main appellant under Rule 13 and Rule 26 of the Cenvat Credit Rules - Held that:- Issue has arisen during the period 2002 when the scheme of fortnightly payment was introduced. Further, we find that the present case is only a case of excess withdrawal for few days. The appellant has been paying regularly the duty even in the subsequent fortnight. Even if they would have paid duty in a particular fortnight by PLA, i.e. without excess withdrawal, the so called as withdrawal would be available to them for payment in the next fortnight. - this is a fit case for waiver of penalty - Decided in favour of assessee.
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