TMI Blog2013 (12) TMI 167X X X X Extracts X X X X X X X X Extracts X X X X ..... as been taken - this itself would prove that the appellant’s other units were registered with Central Excise Authority - the entire issue is revenue neutral - the ground of revenue neutral is a strong ground for setting aside any penalty imposed on the appellant as there cannot be any intention to evade duty - Penalty u/s 11AC read with provisions of Rule 15 of the Cenvat Credit Rules, 2004 directed to be waived – Decided in favour of Assessee. - E/1166/2011 - A/10535/2013-WZB/AHD - Dated:- 19-4-2013 - Shri M.V. Ravindran, J. Shri Hardik Modh, Advocate, for the Appellant. Shri M. Kutty, AR, for the Respondent. ORDER This appeal is directed against order in appeal No. 86/2011/(Ahd-) CE/MM/Commr(A)/Ahd, dated 5-7-2011. 2. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missioner (Appeals), Ahmedabad. This impugned order which is challenged before us is passed in remand order by the Commissioner (Appeals). Ld. Commissioner (Appeals) after following the due process of law, has upheld that the Tribunal had remanded the matter back to the Commissioner (Appeals) for fresh decision as regards to imposition of penalties only which is to the tune of Rs. 8,25,450/-. After considering the submissions made before her, she upheld the order-in-original which imposed above said amount of penalty. 3. Ld. counsel appearing on behalf of the appellant would submit that the appeal is directed against the imposition of penalty on the appellant under Section 11AC of the Central Excise Act, 1944 read with Rule 15 of the Cenv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the other hand would submit that the appellant has not followed the procedures laid down in the Cenvat Credit Rules. It is his submission that appellant could have reversed the Cenvat credit attributable to the capital goods transferred to their sister concern, nor could have retaken the credit after the capital goods are received back from their sister concern. It is his submission that the appellant has not evidenced their sister concerns were registered and were availing Cenvat credit. 5. I have considered the submissions made at length by both sides and perused the records. 6. Both sides agree that the issue involved in this case is only regarding the upholding of the penalty under Section 11AC read with provisions of Rule 15 of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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