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Precision Bearings P Ltd Versus Commissioner of Central Excise-Ahmedabad-II

2015 (10) TMI 1195 - CESTAT AHMEDABAD

Denial of Cenvat Credit - Suppression of facts - Penalty u/s 11AC - Held that:- As per findings of the Adjudicating Authority, it is clearly evident that there was no suppression of fact with intent to evade payment of duty on the part of the appella .....

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5 - Mr. P.K. Das, J. For The Appellant : Shri Motibhai A. Patel, Advocate For The Respondent : Shri K. Shiv Kumar, Authorised Representative Per: P.K. Das The appellant filed this appeal against denial of Cenvat Credit of ₹ 4,47,180.00. 2. Afte .....

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80.00 for the period from 13.8.2005 to 14.9 2005 by Show Cause Notice dated 11.08.2010 is barred by limitation. 3. The Adjudicating Authority refrained from imposing penalty under Section 11 AC of the Central Excise Act, 1944 as there was no suppress .....

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as wrongly availed Cenvat Credit of ₹ 4,47,180/- on invoices issued by M/s. Regal Metals & Ferro Alloys, New Delhi on purchase of Steel Rods. However, it is also a fact that the goods (inputs) on which the Cenvat Credit had been availed wer .....

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f the Lorry Receipt and that the state authorities of Gujarat & Rajasthan have already endorsed all the Lorry receipt. I am also in agreement with contention of the said notice that in case of receipt of goods from the dealers, the original invoi .....

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