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2019 (3) TMI 1419 - AT - Central ExciseCENVAT Credit - Credit availed on the strength of the invoices issued by M/s. Shah Foils Ltd., without receipt and use of the inputs for intended purpose in the factory premises - amount reversed alongwith interest - benefit of reduced penalty - Held that:- The appellant is the partner of M/s. Magma Industries - On perusal of the case records, it is found that the appellant had played active role in availment of wrong Cenvat Credit by Magma Industries. Thus, imposition of penalty under Rule 26 of the rules on him is justified - However, considering the fact that the adjudication order had imposed penalty of 25% of duty on the partnership firm M/s. Magma Industries, the benefit of reduced amount of penalty should also be available to the appellant, being the partner of the said partnership firm. The appellant should be provided with the option to pay reduced amount of penalty - Appeal disposed off.
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