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TMI Blog2014 (2) TMI 689X X X X Extracts X X X X X X X X Extracts X X X X ..... e duty paid on the inputs which are consumed by them for manufacturing of their final products. During the course of business, they also cleared such CENVAT Credit availed inputs 'as such' to their customers on paying Central Excise duty on such goods as a manufactured item on a value more than the CENVAT Credit availed by them. Revenue authorities were of the view that the appellant could not do so. 2.1 In an identical situation in the case of the very same assessee, this Bench had taken a view in fovour of the assessee in Final Order No. A/1170/WZB/AHD/2007 dated 14.5.2007. The said decision of the Tribunal was not accepted by the Revenue and an appeal was filed before the Hon'ble High Court in Tax Appeal No. 1744 of 2007. The Hon'ble Hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a) of the Central Excise Rules, 2002 is unwarranted and the penalty imposed under Rule 15 of the Cenvat Credit Rules, 2004 is also unwarranted as during the relevant period, they paid the amount through CENVAT account on a proposition that the judgement of the Tribunal is in their favour. 4. The learned Addl. Commissioner (AR) appearing for the Revenue, on the other hand, submits that the Honble Gujarat High Court has upheld the penalties imposed by the adjudicating authority under Rule 15 of the Cenvat Credit Rules, 2004. Hence, there is no question of granting any waiver of the said penalty imposed by the adjudicating authority. It is his submission that the amount which is required to be paid in cash may be paid by the appellant and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -deposit of penalty. 5.3 As regards the waiver of the penalty under provisions of Rule 15 of the Cenvat Credit Rules, 2004, we find that during the relevant period the said Rule 15 (1) reads as under: - Rule 15. Confiscation and penalty.- (1) If any person, takes CENVAT credit in respect of input or capital goods, wrongly or in contravention of any of the provisions of these rules in respect of any input or capital goods, then, all such goods shall be liable to confiscation and such person, shall be liable to a penalty not exceeding the duty on the excisable goods in respect of which any contravention has been committed, or ten thousand rupees, whichever is greater. (2) . (3) . (4) .. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2004. 5.6 As regards the point raised by the learned Addl. Commissioner regarding the pre-deposit of some amount towards the interest, since we have asked the appellant to pre-deposit the entire amount of CENVAT Credit utilized by them during the period July, 2006 to June, 2008, we consider that the amount is enough to hear the appeal. Hence, the point raised by the learned Addl. Commissioner for pre-deposit of amount of interest does not arise at this juncture. 6. The stay petition is disposed of in the above terms. The Registry is directed to list the matter for passing the appropriate order after ascertaining the compliance. On such compliance being reported, pre-deposit of balance amount of dues adjudged shall stand waived and recover ..... X X X X Extracts X X X X X X X X Extracts X X X X
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