Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2015 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (1) TMI 802 - MADRAS HIGH COURTReversal of MODVAT Credit - Penalty u/s 11AC - Interest u/s 11AB - Whether the lower appellate authority was right in setting aside the mandatory penalty under Rule 57-I(4) of the Central Excise Rules, 1944 and Section 11AC of the Central Excise Act, 1944 for the entire period subsequent to 28-9-1996 - Held that:- Following decision of COMMISSIONER OF CENTRAL EXCISE, CHENNAI Versus EUROTHERM DEL INDIA LTD. [2014 (11) TMI 745 - MADRAS HIGH COURT] decision of the Tribunal holding that mandatory penalty is not leviable cannot be accepted and accordingly set aside and the matter is remanded to the Tribunal to reconsider this issue afresh in the light of the decisions referred supra and Notification No.14/96-CE (NT), dated 23.7.1996. Refund Claims Non Speaking Order - order passed by the Tribunal is bereft of reasons and analysis, the same is set aside and the matter is remanded to the Tribunal for passing a reasoned order. - Decided in favour of Revenue.
|