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2018 (7) TMI 1589 - CESTAT KOLKATABenefit of N/N. 1/2011-CE dated 01.03.2011 - availability of CENVAT Credit on inputs and utilization of the same by beneficiary of the notification - demand of Interest and penalty - Held that:- The appellants have complied with all the necessary statutory returns within the stipulated time and the fact of claiming exemption benefit was disclosed in the ER-1 returns filed during the relevant period. It is also not in dispute that the appellants paid the entire duty amount through the CENVAT Account and thereafter, through the current account, thereby, causing no loss of Revenue to the exchequer. The mistake seems to be that of procedural and irregularities - the subsequent payment in cash was the only action by which procedural irregularities could be rectified. The appellant has made out a case for non-imposition of penalty and also for setting aside the demand of interest - appeal allowed - decided in favor of appellant.
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