TMI Blog2016 (4) TMI 235X X X X Extracts X X X X X X X X Extracts X X X X ..... mallness of the disputed duty amount, the penalty of ₹ 10,000/- is too harsh and there is no justification for the same - Held that:- since the dispute involves interpretation of legal provisions and the amount of duty sustained not being significant and in view of the submissions of the learned counsel that they are no more pressing against the demand and have also reversed the Cenvat credi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ance policies taken. SCN was issued and the adjudicating authority disallowed the cenvat credit availed and demanded ₹ 1,03,015/- along with interest and also imposed an equal penalty under Rule 15 (1) of Cenvat Credit Rules, 2004. On appeal, the learned Commissioner (Appeals) in his OIA No.20/2014 dt. 12.11.2014 held that appellant-assessee are eligible to avail credit on three policies and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... warranted. A penalty of ₹ 10,000/- under Rule 15(1) of the CCR 2004 shall be adequate to the interest of justice. 11. In view of the above, the Order-in-Original No.27/2013 dated 30/4/2013 is modified to the extent as below :- (1) The Appellant is eligible to avail credit of Service Tax paid on Insurance Service relating to (i) Standard Fire Insurance Policy Special Perils Poli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cate submits that now the disputed amount is only ₹ 2,633/- and considering this smallness of the amount, they are not pressing on merits against the demand. However, he submits that keeping in view the smallness of the disputed duty amount, the penalty of ₹ 10,000/- is too harsh and there is no justification for the same. Ld. counsel also submits that the amount of ₹ 2,633/- bei ..... X X X X Extracts X X X X X X X X Extracts X X X X
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