Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2023 (6) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (6) TMI 1238 - CESTAT KOLKATAImposition of penalty under Rule 26(2) of the Central Excise Rules, 2002 - Appellant has paid duty of equivalent amount to the government and also filed its ER 1 return timely disclosing all transactions - HELD THAT:- The said rule would be applicable in case wherein ineligible Cenvat credit has been passed to recipients in cases without supply of goods and such related transactions - The present case is a case wherein there is no allegation by the department that the appellant has issued invoices without supply of goods. Infact all the transactions have been recorded in ER 1 returns and disclosed by the appellant to the department. Hence, it cannot be understood as to how the penalty under Rule 26(2) of the CER, 2002 can be imposed in such bonafide cases. Further, neither the SCN nor the OIO has brought out any evidence of connivance between the appellant and TIL in the stated transactions. The entire demand of penalty set aside - appeal allowed.
|