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2015 (12) TMI 1100 - CESTAT AHMEDABAD

2015 (12) TMI 1100 - CESTAT AHMEDABAD - TMI - Demand of CENVAT Credit - Penalty under Rule 15 of the Cenvat Credit Rules 1994 read with Section 11AC - Held that:- Appellant had wrongly and prematurely availed and utilized the Cenvat Credit during the period from Sept. 2006 to March 2007. The main contention of the Learned Advocate is that they have reversed credit alongwith interest. I find that it was a regular practice of the appellant for 6 months of excess availment of the Cenvat Credit, eve .....

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No. A/11653 / 2015 - Dated:- 13-11-2015 - Mr. P.K. Das, Hon'ble Member (Judicial) For the Petitioner : Shri R Subrmanya, Advocate For the Respondent : Shri L Patra, Authorised Representative ORDER Per : Mr.P.K. Das, Heard both sides and perused the records. 2. The Learned Advocate on behalf of the appellant fairly submits that they are not contesting the demand of Cenvat Credit alongwith interest which they have paid before issue of show cause notice. He submits that the Adjudicating Author .....

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strongly opposed the submission of the Learned Advocate. He submits that the appellant a habitual offender of taking excess credit and therefore, imposition of penalty is warranted. The Learned Authorised Representative for Revenue drew the attention of the Bench to the relevant portion of the order. 4. I find force in the submission of the Learned Authorised Representative for the Revenue. It is seen that the appellant had wrongly and prematurely availed and utilized the Cenvat Credit during t .....

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