TMI Blog2016 (1) TMI 819X X X X Extracts X X X X X X X X Extracts X X X X ..... dit Rules,2002. In absence of substantial evidence, supporting suppression of facts/ mis -declaration, in my opinion, penalty under Sec.11AC of CEA,1944 read with Rule 13 of CENVAT Credit Rules,2002 cannot be sustained. Besides, I find that the appellant had debited the credit amount within one month from the issuance of show cause notice and that they have taken the credit declaring the same as capital goods. In the result, the impugned Order confirming imposition of penalty is set aside - Decided in favour of assessee. - Appeal No. E/269/11 - Order No. FO/A/75066/2016 - Dated:- 13-1-2016 - DR. D.M. MISRA, MEMBER(JUDICIAL) For the Petitioner : Sri B.N. Chattopadhyay, Consultant For the Respondent : Sri S.S. Chatterjee, Supdt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n demand penalty, whereas, the assesse challenged only the penalty imposed. The Ld. Commissioner (Appeals) rejected both the appeals. Hence, the present Appeal is filed by the assessee before this forum, challenging the imposition/confirmation of penalty.. 4. Ld. Consultant Sri B.N.Chattopadhyay vehemently argued that the eligibility of Cenvat Credit on gas cylinders was in dispute at the relevant time. The Appellant by disclosing all facts had initially claimed Cenvat Credit on the same as capital goods . But, after remand by this Tribunal, in the de novo proceeding, the same was allowed as inputs and the demand was reduced to ₹ 1,24,340/-. He submits that the amount of ₹ 1,24,340/- was paid by the appellant on 31.05.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... soning to support their conclusion of suppression of facts or mis-declaration, while imposing penalty under Section 11AC of CEA,1944 read with Rule 13 of CENVAT Credit Rules,2002. In absence of substantial evidence, supporting suppression of facts/ mis -declaration, in my opinion, penalty under Sec.11AC of CEA,1944 read with Rule 13 of CENVAT Credit Rules,2002 cannot be sustained. Besides, I find that the appellant had debited the credit amount within one month from the issuance of show cause notice and that they have taken the credit declaring the same as capital goods. In the result, the impugned Order confirming imposition of penalty is set aside and the Appeal filed by the Appellant is allowed. (Dictated and pronounced in the open co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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