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2016 (3) TMI 517 - AT - Central ExciseClandestine removal of manufactured goods viz. Nickel Alloy, Tin Alloy and Lead Alloy - duty demand along with penalty - Held that:- The appellant is entitled to avail cenvat credit on inputs used in clandestine manufactured and cleared goods viz. Nickel, Tin and Lead Alloys for the period 1989-90 on production of relevant documents. The appellant is entitled to avail benefit of SSI exemption under notification no. 173/86-CE dated 1.3.86 for the period 1989-90. No interest is payable by the appellant on the demand confirmed by way of this order. After giving the benefit of input credit and SSI exemption, duty is payable by the appellant for the period 1989-90 on clandestine clearance of Nickel, Lead and Tin Alloys (if any) alongwith the demand of duty already confirmed for the period 1988-89. The appellant has to pay 25% of the duty confirmed as penalty, as discussed.
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