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2015 (7) TMI 424 - CESTAT MUMBAI

2015 (7) TMI 424 - CESTAT MUMBAI - TMI - Imposition of penalty and interest - Imposition of equivalent penalty under Rule 15 of the Cenvat Credit Rules, 2004, read with Section 11AC of Central Excise Act, 1944 - demand of interest under Rule 14 of the Cenvat Credit Rules, 2004, read with Section 11AB of Central Excise Act, 1944 - Held that:- one of the employee of the appellant has engaged himself in fraudulent act, so as to enrich himself, by availing Cenvat Credit on the invoices raised by the .....

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irect them to pay the same without 30 days, on being informed by lower authority or their own ascertainment.

As regards the penalty of an amount equivalent to the confirmed demand, I find that there is no dispute as to the fact, that the employee of the appellant company was involved in fraudulent act for his personal gain. The act of the individual employee in availing improper Cenvat Credit cannot be attributed to appellant as a mala-fide act, as the act of fraud admittedly is not a .....

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R) ORDER Per: M V Ravindran: 1. This appeal is directed against Order-in-Appeal No. SB/56/LTU/MUM/2010 dated 26.03.2010. 2. Relevant facts that arise for consideration are, appellant is engaged in the manufacture of excisable goods, falling under chapter -87 and are availing Cenvat Credit under Cenvat Credit Rules, 2004. It was observed that the appellant has fraudulently availed Cenvat Credit on invoices without receipt of goods. The appellant reversed the Cenvat Credit of ₹ 6,15,051.19 o .....

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te, appearing on behalf of appellant, submitted that the wrong availment of Cenvat Credit was due to fraud of an employee of the appellant. He would submit that the appellant has lodged a FIR against the said employee and issue is pending. He would submit that they have not paid the interest only for the reason that the Cenvat Credit wrongly availed, was not utilized. He would submit that the penalty is not to be imposed as there was no intention to avail wrong credit by the company. 4. Learned .....

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