TMI Blog2010 (8) TMI 102X X X X Extracts X X X X X X X X Extracts X X X X ..... nalty. Court remanded the case to the tribunal for fresh decision stating that penalty is not justified if there is no concealment. If there is concealment, penalty had to be at the rate mentioned in section 11AC. - 89 of 2008 (O&M) - - - Dated:- 24-8-2010 - CORAM: HON'BLE MR JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE AJAY KUMAR MITTAL Mr. Sanjeev Kaushik, Central Government c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Punjab Cooperative Societies Act, 1961 (1961 Act). It is engaged in marketing of agricultural produce and for that purpose, it is manufacturing woven bags etc. It availed CENVAT credit for the excise duty paid while purchasing the goods. The department raised an objection that for the goods purchased for repair purposes, CENVAT credit was not admissible. Demand was accordingly raised which w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er falls under section 11AC of the Act, penalty had to be minimum. In absence of finding to that effect, penalty was not justified. This being the position, there is an error in the order of the Tribunal and penalty could be justified only if the case falls under Section 11AC of the Act. If the case falls under section 11AC, penalty had to be at the rate mentioned therein. 7. In view of above, t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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