Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2018 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (10) TMI 890 - AT - Central ExciseCENVAT Credit - denial on the ground that no manufacture taking place - the sole allegation against the appellant-assessee is made on the basis of report of the UAE/Dubai, Customs wherein the goods found to be scrap but the appellant-assessee cleared the goods and the same were found at port in containers and the samples were drawn at port. Held that:- On the basis of sample, it was found that the said goods were casting/forging manufactured by the appellant-assessee. Therefore, it cannot be said that the appellant did not manufacture the goods during the impugned period - the allegation of the Revenue against the appellant-assessee that the appellant-assessee is not manufacturer is made on the basis of assumption and presumptions - Demand rightly dropped. Demand of duty on the goods worth of ₹ 58,11,850/- which were destroyed and sold scrap by the appellant-assessee for ₹ 35 lacs on which the appellant-assessee has paid duty of ₹ 5,71,200/- - Held that:- The sale value of ₹ 35 lacs is to be considered cum duty price as the appellant discharged duty correctly. Availment of credit of ₹ 4,44,410/- - appellant has conceded the same - Held that:- The said demand of ₹ 4,44,410/- is confirmed. Benefit of reduced penalty - Held that:- Considering that during the adjudication, no option of reduced penalty given to the appellant-assessee in terms of proviso to Section 11AC of the Act, option given to deposit penalty of 25% of the duty confirmed within a period of one month from the date of receipt of this order, failing which the appellant- assessee is liable to pay penalty equal to the duty. The penalty to ₹ 25,000/- imposed on Shri Viond Kumar Gard, Managing Director of the appellant-assessee also reduced. Appeal allowed in part.
|