2013 (7) TMI 604

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... onal grounds shall be filed. Such plea is not entertainable when the Appellant caused appearance on 23rd May, 2013 but no such application was moved on that day to appreciate good cause, if any, today. Therefore, prayer for adjournment is rejected. 2. Learned Counsel says that there is no case for demand of duty of Rs. 1,10,956/- as well as equal amount of penalty since the receipt from insurance .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... follow. 6. So far as penalty is concerned Revenue intended to recover penalty of Rs. 1,10,956/-in terms of Rule 15(2) of Cenvat Credit Rules, 2004 read with Section 11AC of Central Excise Act, 1944. There is no mensrea brought out by show cause notice to invoke Section 11AC in the present case. Intention of evasion being absent there shall not be penalty under Rule 15(2) of Cenvat Credit Rules, 2 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X