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2016 (1) TMI 730 - CESTAT NEW DELHI

2016 (1) TMI 730 - CESTAT NEW DELHI - 2015 (325) E.L.T. 376 (Tri. - Del.) - Penalty under Section 11AC - procedural lapse - written off of inputs as obsolete in their books of account and did not reverse Cenvat credit pertaining to them - Held that:- In this case although at the time of writing off as obsolete of inputs in question, the appellant was required to reverse the Cenvat Credit as per Rule 3(5)(b) of the Cenvat Credit Rules, 2004. But later on, these inputs have been used by the appell .....

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is imposable. Therefore, impose a penalty under Rule 27 of the Cenvat Credit Rules, 2002 to the extent of ₹ 5,000/-. - E/60372/2013-EX(SM) - Final Order No. 52052/2015-EX(SM) - Dated:- 26-6-2015 - Shri Ashok Jindal, Member (J) Shri Ram Chander Choudhary, Consultant, for the Appellant. Shri G.R. Singh, DR, for the Respondent. ORDER The appellant is in appeal against the impugned order for setting aside the mandatory penalty under Section 11AC of the Act. 2. The facts of the case are th .....

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reversed the Cenvat credit pertaining to these inputs which have been written off. Later on, these inputs were used by the appellant for manufacturing of final product. Cenvat credit was again availed by the appellant. But adjudication took place. The reversal of Cenvat credit was confirmed and equivalent amount of penalty was imposed on the appellant. Aggrieved from the imposition of penalty, appellant is before me. 3. The Ld. Counsel for the appellant submits that although they have writt .....

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