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2019 (6) TMI 262 - AT - Central ExciseCENVAT credit - inputs - credit availed on inputs without actual use in manufacture - Revenue Neutrality - penalty - HELD THAT:- It is not in dispute that the Appellant did not undertake any manufacturing activity on goods on which the credit was availed by them. The partners of the firm and the employees have themselves accepted the fact that no activity was undertaken by them. In such circumstances no credit is allowable to the Appellant. Penalty - Revenue Neutrality - HELD THAT:- Since the Appellant has paid more duty than cenvat availed and the situation being revenue neutral, the demand of cenvat credit is not sustainable - the penalty imposed against the main Appellant M/s San Industries and the co-appellants is also not sustainable. Appeal allowed - decided in favor of appellant.
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