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2018 (4) TMI 1231 - AT - Central ExciseClandestine removal - shortage of raw material - CENVAT credit on Billets - Held that: - as the due date for payment was not yet to come, the allegation of clandestine removal of goods on these invoices is not substantiated and accordingly the demand of ₹ 3,36,510/- is set aside. The admitted fact is that the appellant had deposited the amount of ₹ 13,46,036/- before the issue of Show Cause Notice (+) further ₹ 3,17,381/- towards penalty and further ₹ 24,000/- towards interest - the appellant is entitled to concessional rate of penalty of 25% of ₹ 7,49,210/-, charged under the provisions of Section 11AC(1)(c) of the Act. Appeal allowed in part.
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