Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2015 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (12) TMI 1048 - AT - Central ExciseDenial of CENVAT Credit - Goods damaged due to flood - Imposition of penalty - Held that:- During de-novo Adjudication, the Appellants stated before the Adjudicating authority that they do not have any new or other documents except the documents submitted at the time of earlier Adjudication. Thus, the Appellants had not produced any documents in terms of Tribunal s order before the Adjudicating authority in denovo Adjudication - Appellants had not informed the Department about the loss of invoices during the flood. This fact was detected during the audit conducted by the Central Excise officers. Hence, I find force in the findings of the Adjudicating authority. In the facts and circumstances of the case, the extended period of limitation would be invoked. - it is a proprietary-ship firm and therefore, imposition of penalty on the Proprietor cannot be sustained. It is also noticed that the Appellant No.3 is an Authorised Signatory and therefore, no penalty should be imposed upon him. - Decided partly in favour of assessee.
|