Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2017 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (3) TMI 635 - AT - Central ExciseImposition of penalty u/r 26 - wrongly passing of fraudulent cenvat credit - Held that: - appellant was involved in arranging the invoices from registered dealer whereas no goods mentioned in the invoices were supplied. He was involved in the transaction of money in the entire modus operandi. Therefore he was liable for penalty u/r 26 - However, whether penalty is imposable u/r 26(2) which came into effect from 01.03.2007 for the substantial period the provision of rule 26(2) was not applicable prior to 01.03.2007. Considering this position and overall facts of the case, the appellant deserves some leniency in the quantum of penalty. Issuance of cenvatable invoices without supply of goods for passing out fraudulent credit - Held that: - the penalty is imposable u/r 26(2) of Central Excise Rules, 2002. On the same observation as made hereinabove, rule 26(2) came into effect on 01.03.2007; accordingly, penalty deserved to be reduced. Appeal disposed off - decided partly in favor of appellant.
|