New User   Login      
Tax Management India .com TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

2015 (11) TMI 517 - CESTAT KOLKATA

2015 (11) TMI 517 - CESTAT KOLKATA - 2016 (331) E.L.T. 445 (Tri. - Kolkata) - Penalty u/s 11AC - Non reversal of CENVAT Credit - Held that:- No allegation has been made out bringing out the facts of suppression, mis-declaration etc. On the contrary, it is acknowledged that soon after the mistakes were pointed out, the appellant had voluntarily discharged the deficit amount along with interest. - mere payment of amount outstanding dues, would not absolve the appellant from imposition of penalty b .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

mstances, penalty imposed under Section 11AC of the Central Excise Act read with Rule 15 of CCR,2004 is unsustainable. Consequently, the impugned Order-in-Appeal is set aside - Decide din favour of assessee. - Excise Appeal No. E/393/2011 - Final Order No. A/75430/KOL/2015 - Dated:- 14-8-2015 - D M Misra, Member (J) For the Petitioner : Sri S P Siddhanta, Consultant For the Respondent : Sri M Chattopadhya, AC, (AR) ORDER Per D M Misra Heard both sides. This is an appeal filed against Order-in-Ap .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

EA, 1944. 4. Ld. A.R. for the Revenue vehemently opposed the said submission on the ground that since the appellant had not disputed the case on merit before the Ld. Commissioner(Appeals) and confined their argument in assailing imposition of penalty, hence they cannot be allowed to agitate the said issue before this forum. 5. To ascertain the said fact, the record of personal hearing before the Ld. Commissioner (Appeals) was directed to be placed. From the said record it is noticed that The Ld .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

his stage, in my view, is not permissible. 7. On the issue of penalty, the Ld. Consultant submitted that the applicant had by mistake availed CENVAT Credit on inputs utilized in the manufacture of biscuits which were dutiable and also exempted where ever the retail sale price was below ₹ 50/-. Consequently, they were required to pay 10% of the price of biscuits i.e. ₹ 68,605/- as per rule 6(3) of CENVAT Credit Rules, 2004. The second issue relates to non-reversal of CENVAT Credit of .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version