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2018 (10) TMI 1784 - CESTAT MUMBAICENVAT Credit - inputs used in manufacture of both dutiable as well as exempt goods - failure to maintain separate set of accounts - rule 6 of CENVAT Credit Rules, 2004 - HELD THAT:- The demand to the extent of CENVAT credit that had not been availed on inputs used for manufacture of exempted goods but entitled, subject to discharge of liability at the prescribed rate under rule 6(3) CENVAT Credit Rules, 2004, is not deniable. The acceptance of the liability and the utilization of CENVAT consequently available would render the assessee clear of the liability to that extent. The Director of the company would not have derived any particular benefit or have been aware of the requirements of the rules. No evidence has been brought on record of any intention on the part of the respondent-Director to evade any liability or of having taken any steps to facilitate such evasion. The appeal of the assessee is allowed to the extent of confirmation of demand of ₹ 11,79,366/- and limiting of the penalty to that extent - Appeal allowed in part.
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