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2015 (11) TMI 559 - CESTAT MUMBAI

2015 (11) TMI 559 - CESTAT MUMBAI - TMI - 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 find that the present case is only a case of excess withdrawal for few days. The appellant has been paying regularly the duty even in the subsequent fortnight. Even if they would have paid duty in a particula .....

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s of the case are that the appellants are 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 per the provisions of Rule 8 of the then Central Excise Rules. As per the law, they could use the credit of duty available on 15th of a month for payment of duty of that fortnight on 20th of that month. Simi .....

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,30,276/- which they have excess utilized 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 ₹ 1,00,000/- on the second appellant under Rule 26 of the Central Excise Rules, 2002. Aggrieved by the said order, the appellants are before us. 2. Heard both sides. 3. The learned counsel for the appellants su .....

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