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2016 (4) TMI 14 - CESTAT NEW DELHI

2016 (4) TMI 14 - CESTAT NEW DELHI - 2016 (333) E.L.T. 456 (Tri. - Del.) - CENVAT credit wrongly availed - penalty imposed - Held that:- The appellants have reversed the credit and also deposited the interest. The appellants have not been able to substantiate their act of availing credit as per provisions of law. Therefore the finding of the authorities below that appellant has wrongly availed credit does not call for any interference.

Equal amount of penalty under Rule 15 read with 1 .....

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paid no notice shall be served on the assessee. Therefore the penalty imposed is totally unjustified. The same are set aside. - Appeal No. E/59446 & 59447/2013-EX(SM) - Final Order No.52718-52719/2015 - Dated:- 1-9-2015 - MS. SULEKHA BEEVI C.S., MEMBER (JUDICIAL) For the Petitioner : Shri Bipin Garg, Advocate For the Respondent : Shri R.K. Gupta, DR ORDER PER: SULEKHA BEEVI C.S. The allegation raised against the appellant is that appellant availed 100% Cenvat credit on capital goods supplied by .....

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it-I). The appellant had availed full amount of Cenvat credit of the duty (Rs.17,17,299/-) in the same financial year in which the said capital goods were received instead of availing 50% credit as provided in Rule 4(2) (a) of Cenvat Credit Rules 2004. Therefore appellants wrongly availed credit of ₹ 17.17,299/-. It was also observed that the supplier unit (viz. Kotsons (P) Ltd. Alwar-Unit-I) had cleared the impugned old and used capital goods on the same value on which the capital goods .....

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intent to evade payment of duty. A Show Cause Notice dated 18.3.2011 was issued which finalized in the order dated 10.1.2012 which disallowed the credit of ₹ 18,59,650/- and confirmed the liability of interest and appropriated the credit reversed and interest deposited. A penalty of equal amount was imposed, besides separate penalty of ₹ 1,50,000/- on Shri G.S. Rajput, Vice President of M/s Kotsons (P) Ltd. The learned Counsel for the appellant referred to Rule 10 of the Cenvat Cred .....

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er site on account of change of ownership etc. In this case the old and used capital goods were cleared to the sister unit. The appellants then availed 100% credit on capital goods in the same financial year. The sister unit while clearing the goods availed credit on the entire duty paid on invoices without taking into account the depreciation. The learned counsel for appellants had made a frail attempt to establish that Rule 10 of CCR would apply in case of shifting of the capital goods to sist .....

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