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CCE, Chennai- IV Versus M/s. Volex Interconnect India Pvt. Ltd.

2015 (12) TMI 1205 - CESTAT CHENNAI

Penalty u/s 11AC - Denial of CENVAT Credit - Nexus with manufacturing activity - Held that:- Imposition of mandatory penalty under Section 11 AC, when duty and interest is paid within thirty days, the amount of penalty shall be 25% of the duty. As the duty along with interest has already been paid by the respondent assessee, the Commissioner (Appeals) has rightly reduced the penalty (50% of duty) imposed under Rules 15(2) and 15(3) to 25% - Decided against Revenue. - Appeal No. E/42124 - 42125/2 .....

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y the assessee M/s. Volex Interconnect India Pvt. Ltd. against the OIO No. 5/2012 dated 25.06.2012 and the Commissioner (Appeals) in his OIA No. 56/14 dated 16.06.2014 reduced the penalty to 25% of the duty demanded as against 50% imposed by the adjudicating authority. The Revenue is in appeal against this order. The other appeal filed by the department against the same OIO dated 25.06.2012, that penalty shall not be less than 100% (equal penalty) and requested for setting aside the OIO. The dep .....

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, they have put up a separate 100% EOU at Neelankarai, Chennai and also have a registered dealers premises at Madhavaram, Chennai from where imported goods are being traded. 3. The Commissionerate Headquarters Preventive Unit (HPU) visited the assessees factory in 2010 and found that they have wrongly availed cenvat credit on input services, which were alleged and not to have been used in or in relation to the manufacture of final products. Show Cause Notice was issued and the assessee did not .....

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credit was availed by the assessee pertains to the financial year 2006-2007 to 2009-2010. Therefore, Section 11 AC which was in force during the relevant period ie., prior to its substitution by the Finance Act, 2011 w.e.f. 08.04.2011, penalty equal to 25% of the duty determination is not applicable and therefore, the benefit of reduced penalty is not available to the assessee, as they have not paid the penalty imposed within the period so specified. 5. The Ld. Counsel Shri Harish Bindumadhavan, .....

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