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Cenvat credit towards exempted goods (Man Structural Pvt. Ltd. Vs. C.C.E. & S.T. Jaipur-I )

Central Excise - By: - Bimal jain - Dated:- 30-11-2015 Last Replied Date:- 1-12-2015 - When Cenvat credit towards exempted goods has been reversed after audit objection but before issuance of SCN, penalty under Section 11AC of the Excise Act read wit .....

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well as exempted final products. The Appellant has availed Cenvat credit on input/input services but was not maintaining separate accounts for inputs for manufacturing dutiable as well as exempted final products and also not paying amount equal to 10 .....

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interest before issuance of SCN. Thereafter, the Department has issued SCN for imposing penalty under Section 11AC of the Excise Act read with Rule 15 of the Credit Rules. The Hon ble CESTAT, New Delhi relying upon the case of Commissioner of Central .....

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Excise Act is not present, said provisions are not applicable and consequently, penalty under Rule 15 of the Credit Rules is also not imposable. It was further held that when the Appellant had paid the entire duty along with interest before issuance .....

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n amount of duty along with interest has been paid before issuance of SCN: Commissioner of C. Ex., Chandigarh Vs. Pepsi Foods Ltd. [2010 (12) TMI 15 - Supreme Court of India] Commissioner of Central Excise, Vapi Vs. Kisan Mouldings Ltd. [2010 (9) TMI .....

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