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2015 (10) TMI 1539 - CESTAT MUMBAI

2015 (10) TMI 1539 - CESTAT MUMBAI - TMI - Levy of penalty where duty has been paid with interest before issuance of SCN - Reversal of CENVAT Credit - Written off value of certain inputs - held that:- Appellant has paid amount of ₹ 9,90,630/- alongwith interest as per their calculation immediately after pointed out by CERA audit team and intimated to the department. In my view the act of the appellant regarding the payment of Cenvat amount alongwith interest without any contest is covered .....

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(Appeals) that total demand of ₹ 11,32,147/- sustainable accordingly appellant is directed pay difference Cenvat amounting to ₹ 1,41,517/- alongwith interest and also penalty of equal amount of ₹ 1,41,517 - Decided partly in favour of assessee. - Appeal No. E/89237/13-MUM - Dated:- 8-5-2015 - Ramesh Nair, Member (J), J. For the Appellant : Shri Makrand Joshi, Adv For the Respondent : Shri V K Agarwal, Addl Commissioner (AR) ORDER Per Ramesh Nair This appeal is directed against .....

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it on written off value is not admissible and same was required to be reversed. On pointing out by audit officers appellant reversed the Cenvat Credit on the written off value for the period 2009-10 and they also paid the interest. Subsequently Central Excise Revenue audit of CAG was conducted, wherein they observed that appellant have written off value of certain inputs during the period 2007-08 to 2008-09 also appellant on their own calculated Cenvat Credit which amounting ₹ 9,90,630/- a .....

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of ₹ 11,32,147/- was imposed under Section 11AC. Aggrieved by the adjudication order appellant filed appeal before the Commissioner (Appeals) which was dismissed therefore appellant is before me. 2. Shri. Makrand Joshi, Ld. Counsel for the appellants submits that while pointing out by Central Excise audit team regarding non-availability of Cenvat Credit on written off value of inputs, the audit officers have gone through balance sheet for the period 2007-08, 2008-09 also which is evident .....

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t subsequently CERA audit was conducted then issue was raised for the years 2007-08 and 2008-09 and on their pointing out, they immediately calculated an amount of ₹ 9,90,630/- and paid the said amount alongwith interest without any protest and admitted the said liability. In view of this fact which is not under dispute it cannot be said that there is any malafide intention on the part of the appellant to evade payment of duty. He submits that since amount of written off value was very muc .....

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