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2017 (10) TMI 954 - AT - Central ExciseCENVAT credit - inputs used in the repair of transformers - repaired transformers are cleared without payment of duty - Held that: - there is no dispute that the appellant is required to reverse the cenvat credit in respect of the input used in repairing of old transformers. Extended period of limitation - Held that: - the suppression of fact is established - extended period invoked. Penalty u/s 11AC - Held that: - The penalty u/s 11AC cannot be waived, however it is observed that the adjudicating authority has not extended the benefit of 25% as per the first proviso to Section 11AC - As per the Board Circular No.208/07/2008-CX-6 dt. 22.5.2008, the adjudicating authority must give the option of 25% penalty in the adjudication order - Since the adjudicating authority has not granted the benefit of first proviso to Section 11AC of the Act, the appellant deserve the relief under that proviso, accordingly invoking the proviso of Section 11AC of the Act, the penalty reduced to 25% of ₹ 2,36,148/-. Appeal allowed in part.
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