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2009 (8) TMI 481 - AT - Central ExciseInterest and penalty- Cenvat- Notification No. 6/2002-C.E., dated 1-3-2002- the appellants were engaged in printing on steel sheets known as printed sheets, classifiable under sub-heading 7210.30 of the Schedule to the Central Excise Tariff Act, 1985. By notification No. 6/2002-C.E., dated 1-3-2002, as amended by Notification No. 16/2004-C.E., dated 28-2-2004 duty was reduced from 16% Ad valorem to 8% Ad valorem. The appellants took suo motu credit. A show cause notice dated 13-2-2006 was issued proposing to demand the Cenvat credit of Rs.9,31,360/- alongwith interest and penalty. Original authority confirmed the demand of entire amount of duty alongwith interest and also imposed penalty of Rs.1 lakh. Commissioner (Appeals) upheld the adjudication order. Held that- demand of duty is upheld which has already been reversed by the appellants in their Cenvat account as submitted by the learned Advocate. After considering the facts and circumstances of the case penalty is reduced to Rs.10,000/-. Regarding demand of interest, it is directed to the Original authority to verify as to whether credit was utilized and, if the appellants have not utilized the credit during the material period, no interest will be demanded.
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