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2015 (3) TMI 1093 - CESTAT NEW DELHI

2015 (3) TMI 1093 - CESTAT NEW DELHI - TMI - Duty demand - Invocation of extended period of limitation - Penalty u/s 11AC - Held that:- Commissioner by the impugned order by invoking extended period under proviso to Section 11A (1) has confirmed the duty demand of ₹ 11,27,06,058/- against the respondent alongwith interest on it under Section 11AB and has imposed penalty of ₹ 2,59,15,371/- on the respondent under Section 11AC. The Commissioner had also allowed Cenvat credit of ₹ .....

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chnical) And Shri S.K. Mohanty, Member (Judicial) For the Petitioner : Shri M.S. Negi, Authorized Representative (DR) For the Respondent : Shri Rupendra Singh, Advocate ORDER Per. Rakesh Kumar :- The Commissioner vide order-in-original No. 15/Ldh/2005 dated 08/04/05 had confirmed the duty demand of ₹ 11,27,06,058/- against the respondent company in respect of period from March 1999 to April 2002 by invoking extended period under proviso to Section 11A (1) of Central Excise Act, 1944 alongw .....

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im. 1.1 Against the above order of the Commissioner, both the respondent as well as the Revenue filed appeals. The respondent filed appeal challenging the confirmation of the duty demand alongwith interest and imposition of penalty. The Revenue filed appeal on the grounds that - (a) the Cenvat credit admissible to the respondent would be much lower; (b) since the duty demand confirmed is ₹ 11,27,06,058/- the penalty of equal amount should have been imposed under Section 11AC and not of the .....

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