Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2017 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (9) TMI 446 - AT - Central ExciseConfiscation of capital goods - redemption fine - penalty - Rule 15 (2) of CCR, 2004 - it was alleged that appellant had availed excess credit on capital goods - Held that: - the appellant has availed the Cenvat credit third time which they are not supposed to do so, against the capital goods received by them, a fact evidenced once the appellant has reversed the said amount on 31.07.2008, on being pointed out by audit party, hence the reversal of Cenvat credit is rightly upheld - confiscation upheld - redemption fine seems to be on higher side and is reduced to ₹ 2.00 lakhs. As regards the penalty imposed under provisions of Rule 15 (2) of CCR 2004, the said provision may not be applicable in the case in hand - the appellant had no intention to avail this Cenvat credit with intention to evade duty. The existence of intention to evade duty is primary requirement for invoking provisions of rule 15 (2) of CCR, 2004 - penalty set aside. Appeal allowed - decided partly in favor of appellant.
|