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2015 (4) TMI 1079 - CESTAT NEW DELHI

2015 (4) TMI 1079 - CESTAT NEW DELHI - 2016 (333) E.L.T. 306 (Tri. - Del.) - Penalty imposed - whether M/s. Satya Metal, Jammu has passed inadmissible Cenvat Credit or not is in dispute? - Held that:- When the issue of M/s. Satya Metal has passed inadmissible Cenvat Credit to the respondent is in dispute. Therefore, no penalty was required to be imposed by the Adjudicating Authority itself and show cause notice could have been kept in abeyance. But in over enthusiasm penalty has been imposed on .....

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ri R.K. Mishra, DR For the Respondent : Shri Manmohan Gupta, Advocate ORDER PER ASHOK JINDAL: Revenue is in appeal against the impugned order wherein Ld. Commissioner (A) has dropped the penalty against the respondent. 2. The facts of the case are that the respondent is a second stage dealer who procured goods from one M/s. All India Metal Traders, first stage dealer who procured the goods from M/s. Satya Metals located in Jammu and cleared the goods to M/s. All India Metal traders Delhi on paym .....

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er and thereof. In these circumstances, a show cause notice was issued to the appellant to impose penalty under Rule 26 of the Central Excise Rules 2002 for passing inadmissible Cenvat Credit to the manufacture buyers. The show cause notice was adjudicated penalty was imposed on the respondent which was challenged before the Ld. Commissioner (A) to hold that as proceedings against M/s. Satya Metal, Jammu has not attained finality, therefore, penalty was not required to be imposed on the responde .....

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