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2015 (10) TMI 1164 - CESTAT MUMBAI

2015 (10) TMI 1164 - CESTAT MUMBAI - TMI - Waiver of pre deposit - Denial of CENVAT Credit - Penalty u/s 11AC - Capital goods - Held that:- Appellant in his appeal seeking relief only for waiver of interest and penalty and there is no contest on the demand of Cenvat amount. From the facts of the case I find that appellant have availed Cenvat credit admittedly which was inadmissible, however on pointing out by the department they have immediately paid the amount of Cenvat credit, however they hav .....

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buted. The appellant paid entire amount of Cenvat Credit before issuance of show cause notice. Therefore, I am of the view that appellant has made out a fit case for waiver of penalty imposed under Section 11AC - Decided partly in favour of assessee. - Appeal No. E/86352/14 - Dated:- 15-5-2015 - Ramesh Nair, Member (J),J. For the Appellant : None For the Respondent : Shri V K Shastri, Asstt Commissioner (AR) ORDER Per: Ramesh Nair: This appeal is directed against Order-in-Appeal No. AV(16) 305/2 .....

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paid on imported machinery in terms of Rule 3 of Cenvat Credit Rules, 2004. Said duties are not specified for availing Cenvat Credit. A credit of ₹ 25,192/- was availed on capital goods viz. Steel Purlins & profile Sheets falling under Chapter subheading 7212 and 7210 of the Central Excise Tariff Act, 1985 as the same are not covered as capital goods as defined under Rule 2 (a) of Cenvat Credit Rules, 2002. Thus total inadmissible credit of ₹ 2,80,525/- was disallowed by the orig .....

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on behalf of the appellant nor any request for adjournment is on record, therefore I am taking up the matter to decide on merit. 3. Shri V.K. Shastri, Ld. Asstt. Commissioner (A.R.) appearing on behalf of the Revenue reiterates the findings of the impugned order. 4. On careful consideration of the submission made by Ld. A.R. and perusal of record and written submission made by appellant. I find that the appellant in his appeal seeking relief only for waiver of interest and penalty and there is .....

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