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2015 (10) TMI 1235 - CESTAT NEW DELHI

2015 (10) TMI 1235 - CESTAT NEW DELHI - TMI - Denial of Exemption claim - Non maintenance of separate account - Rule 6(2) of Cenvat Credit Rules 2004 - Held that:- During the intervening period they were having sufficient balance in their Cenvat Credit account to meet the liability of duty confirmed by way of adjudication order. If it is so then interest is not payable by the appellant as held by the Hon'ble High Court of Karnataka in the case of Bill Forge Pvt. Ltd. (2011 (4) TMI 969 - KARNATAK .....

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s rightly imposed on the appellant and same has been reduced by the Ld. Commissioner to the extent of 25% of the duty as they have paid the entire amount of duty before issuance of show cause notice. - Decided partly in favour of assessee. - Appeal No. E/51729/2014-EX(SM) - Final Order No. 52023/2015-EX(SM) - Dated:- 24-6-2015 - Ashok Jindal, Member (J) ,J. For the Appellant : Shri Bipin Garg. Adv For the Respondent : Shri G R Singh, DR ORDER Per Ashok Jindal Appellant is in appeal against the i .....

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te account for input / input services as per Rule 6(2) of Cenvat Credit Rules 2004 as they are required to pay 10% of the value of exempted goods to the Department which they failed to do so. In these circumstances, proceedings were initiated against the appellant by way of issuance of show cause notice demanding the amount of 10% of the value of exempted goods along with interest and equivalent amount of penalty was also proposed. The Cenvat Credit availed twice was also sought to be denied. Be .....

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