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Laurel Wires Ltd. & Sameer Tarachand Jain Versus Commissioner of Central Excise, Nashik

Excess utilization of cenvat credit - Penalty imposed on the main appellant under Rule 13 and Rule 26 of the Cenvat Credit Rules - Held that:- Issue has arisen during the period 2002 when the scheme of fortnightly payment was introduced. Further, we .....

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thdrawal, the so called as withdrawal would be available to them for payment in the next fortnight. - this is a fit case for waiver of penalty - Decided in favour of assessee. - Appeal Nos. E/2550 & 2551/04-Mum - Dated:- 18-6-2015 - Mr. P.K. Jain, Me .....

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engaged in the manufacture of bare copper wires, copper rods, enameled copper wire and were paying excise duty on fortnightly basis. A part of the duty was being paid from the credit of duty paid on inputs used in the manufacture of the said goods as .....

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ight on the last day of the month. It was seen that while paying the duty on 20th of a month or 5th of a month, they were utilizing the credit availed by them during 15th to 20th of that month or 1st to 5th of that month. This was in contravention of .....

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from 1.8.2002 to 1.12.2002. The case was adjudicated. In the impugned order, the Commissioner confirmed the said demand and also imposed a penalty of ₹ 1,00,000/- on the main appellant under Rule 13 of the Cenvat Credit Rules, 2002 and ₹ .....

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said amount at the stay stage and the Tribunal has allowed them to avail cenvat credit of the equal amount. He further submits that in view of the said stay order, there is nothing further to be done as far as the main demand is concerned and hence .....

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lty and the said case was for one particular month and the present demands are also for the subsequent months. He further submitted that they have already paid the interest and there was no intention either to defraud the Government or violate the ru .....

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