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2015 (6) TMI 468 - CESTAT MUMBAI

2015 (6) TMI 468 - CESTAT MUMBAI - TMI - Imposition of penalty - CENVAT Credit - Held that:- Demand as well as the penalty was confirmed in terms of Rule 8(3)A of the Central Excise Rules, 2002 on the ground that the appellant has utilised the CENVAT Credit during the default period. The duty was admittedly paid along with interest. I agree with learned counsel that the hon'ble High Court of Gujarat in the cases of Indsur Global Ltd. (2014 (12) TMI 585 - GUJARAT HIGH COURT) and of Precision Fast .....

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rected against Order-in-Appeal No. P-II/MMD/313/2012 dated 28/12/2012 passed by the Commissioner of Central Excise (Appeals), Pune-II wherein the learned Commissioner (Appeals) upheld the order-in-original No. Adj/IKJ/02/2012-13 dated 03/08/2012. However, penalty under Rule 25(1) of the Central Excise Rules, 2002 was reduced from ₹ 18,52,070/- to ₹ 6 lakhs. 2. The fact of the case is that the appellant has defaulted the monthly payment of excise duty which is due to 5th of every mont .....

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a penalty of ₹ 18,53,070/- under Rule 25 of the Central Excise Rules, 2002. Aggrieved by the said order of the appellant filed appeal before the Commissioner (Appeals) who upheld the order-in-original. However, learned Commissioner (Appeals) has reduced the penalty to ₹ 6 lakhs. Aggrieved by the impugned order the appellant is before me. 3. Shri M.P.S. Joshi, learned counsel for the appellant submits that the entire demand was confirmed on the ground that the appellant utilised the .....

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