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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 with Rule 15 of the Credit Rules is not imposable Man Structural Pvt. Ltd. Vs. C.C.E. & S.T. Jaipur-I [2015 (11) TMI 664 - CESTAT NEW DELHI] In the instant case, Man Structural Pvt. Ltd. ( the Appellant ) was engaged in manufacturing of dutiable as .....

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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 Excise, Ludhiana Vs. Sangrur Agro Ltd. [2010 (2) TMI 438 - PUNJAB & HARYANA HIGH COURT] dealing with reversal of amount under Rule 6(3)(b) of the Credit Rules, held that since there was no suppression of facts i.e. element of Section 11AC of the .....

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