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2009 (10) TMI 300 - AT - Central ExcisePenalty- The assessee is engaged in the manufacture of excisable goods viz. BOPP films and also availing Cenvat credit on the inputs as well as capital goods under Cenvat Credit Rules, 2004. Inputs removed as such. Non-reversal of 4% Spl. CVD Credit. Submission made by the assessee that mistake bonafide and credit of duty paid by them available to sister unit, hence revenue neutral situation. Commissioner (Appeals) in impugned order imposed penalty under Rule 15. Held that- penalty under Rule 15 not imposable as there is no such provision. Penalty under Rule 25 cannot be imposed as goods not liable for confiscation. Penalty under Rule 15 of Cenvat Credit Rule, 2004 read with section 11AC of Central Excise Act, 1944 not imposable in absence of intention to evade being a revenue neutral situation. Penalty not imposable.
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