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2015 (10) TMI 1034 - CESTAT CHENNAI

2015 (10) TMI 1034 - CESTAT CHENNAI - TMI - Imposition of penalty - Reversal of CENVAT Credit - cenvat credit on the inputs LDO was not received in their factory but diverted to sister unit - Held that:- It is evident that the adjudicating authority has dropped the entire proceedings, it is only on appeal by the Revenue, the Commissioner (Appeals) has restored the demand of ₹ 4,59,611/- for the first time. Therefore, the LAA has rightly held that the respondents are eligible for reduced pe .....

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elvan, AC (AR) For the Respondent : Mr J Shankararaman, Adv. ORDER Per: R Periasami: Revenue filed this appeal against the impugned order dated 31.07.2007, against non imposition of equal penalty. 2. The brief facts of the case are that the show cause notice dated 22.01.2003 was issued to the respondents demanding reversal of cenvat credit on the inputs LDO was not received in their factory but diverted to their sister unit. The Additional Commissioner in his order No. 28/03 dated 30.09.2003 con .....

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31.02.2005 dropped the proceedings and held that the inputs have been duly received inside the factory and accounted, as per the Cenvat Credit Rules. 3. Revenue preferred appeal before the Commissioner (Appeals) on the grounds that adjudicating authority erred in dropping the entire demand of reversal of credit whereas the respondents are liable to reverse the cenvat credit availed on the inputs used in the generation of electricity diverted to other units. The Appellate Authority set aside the .....

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ual penalty under 11AC. Ld. AR reiterated the grounds of appeal and relied on the following case laws in support of his contention: 1. CCE, Delhi-III Vs. Machino Montell (I) Ltd. 2006 (202) ELT 398 (P & H) 2. UOI Vs. Rajasthan Spinning & Weaving Mills 2009 (238) ELT 3 (S.C.) 5. On the other hand, the Ld. Advocate for the respondent reiterated the cross objections filed by them and relied on the decision of the Hon'ble High Court of Gujarat in the case of CCE, Surat-1. Vs. Rita Dyeing .....

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