Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2018 (6) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (6) TMI 115 - AT - Central ExcisePenalty u/r 15(2) read with Section 11AC of the CEA 1944 - reversal of CENVAT Credit of various input services which were considered as ineligible to be availed - whether the first appellate authority was correct in setting aside the penalty imposed by the adjudicating authority on the respondent herein? - Held that:- It is undisputed that the respondent-assessee has paid all the demand with interest before the issuance of SCN on being pointed out by Revenue authorities. It is also undisputed that the records of the respondent-assessee’s were audited by the audit party regularly during the period in question - if the respondent-assessee discharged the demands as pointed out by the authorities during verification of the records with interest, provisions of section 11A(2B) would get attracted and SCN should not have been issued to respondent-assessee. The first appellate authority was correct in setting aside the penalty imposed and the impugned order does not require any interference - appeal dismissed - decided against Revenue.
|