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2018 (12) TMI 924 - CESTAT CHENNAICENVAT Credit - MS Sheets used exclusively in the manufacture of exempted PCC pipes - benefit of adjustment of the amount reversed by them - Held that:- The appellant is liable to reverse the CENVAT Credit, however, the amount of ₹ 21,48,550/- already paid by them being over and above the amount of Credit disallowed, the same is required to be adjusted from the amount already reversed as above. Therefore, we deem it fit to remand the matter for the limited purpose of re-quantification of demand on this issue alone after giving adjustment of the amount already reversed by the appellant - there being no suppression of facts, penalty set aside - matter on remand. Classification of goods - MS Specials/Flanges and Tees cleared as pipes falling under Chapter Heading 7305 - Department has alleged that the same are pipe fittings falling under Chapter Heading 7307 - Short payment of duty - appellant had cleared a dutiable final product upon payment as per Rule 6(3)(b) - N/N. 23/2004-CE (NT) dated 10.09.2004 - Held that:- Appellant has conceded the same and the respective demands have already been paid by the assessee. Penalties - Held that:- There is no whisper of any allegation of suppression of facts with intention to evade payment of duty or invocation of any provision pertaining to extended period in the Show Cause Notice - there is no positive evidence to indicate suppression of facts with intention to evade payment of duty and thus the ingredients for invocation of extended period are not present in the case on hand - Penalties set aside. Appeal allowed in part - part matter on remand.
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