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2018 (11) TMI 457 - AT - Central ExcisePenalty u/r 15 of CENVAT Credit Rules and 27 of Central Excise Rules 2002 - CENVAT Credit - inclusion of cylinder charges in assessable value - Held that:- The Commissioner (A) has observed that the appellant has declared the stock of inputs and the RO had caused necessary verification after the assessee cross the exemption limit, the allegation that the credit is irregular cannot be sustained - Once the allegation of irregular credit is not sustained then the confirmation of duty is not tenable in law. Further, the appellants have maintained proper records which were shown to the Department and all the questions of the Department were answered by the appellant with documentary evidence of the records - credit rightly availed. Appeal allowed - decided in favor of appellant.
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