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2016 (12) TMI 1319 - CESTAT MUMBAIPenalty - reversal of cenvat credit @8% on the removal of exempted goods before issuance of SCN - Held that: - it is correctly pointed out by the learned counsel that the amount of 8% of the value of the exempted goods is paid off by the respondent on being pointed out that the said amount is due from them and so it is to be noted that the products tractors were dutiable till July 2004 and were exempted by notification due to which there may be confusion - the confirmation of the amounts of 8% of the value of exempted goods is not akin any duty which is short levied or short paid - Appeal rejected - decided in favor of the assessee.
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