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Hinduja Foundries Ltd. Versus Commissioner of Central Excise, Chennai-IV

2016 (4) TMI 235 - CESTAT CHENNAI

Imposition of penalty - Rule 15 (1) of CCR 2004 - Availed Cenvat credit on inputs and service tax paid on input service for the liability of excisable goods - Disallowance of Cenvat credit availed and duty demanded alongwith interest - Appellant submitted 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 - Held that:- since the dispute involves interpretation of legal provisions and the amount o .....

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e For the Respondent : Shri R.Subramanian, AC (AR) ORDER Hinduja Foundries Ltd., Sriperumbadur, the appellants herein, are manufacturers of Unmachined Rough Iron Casting and are registered with Central Excise and are availing cenvat credit on inputs and service tax paid on input service for the liability of excisable goods. During the period April 2011 to August 2011, they availed cenvat credit of ₹ 1,03,015/- being service tax paid on various insurance policies taken. SCN was issued and t .....

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vant findings and the order of the Commissioner (appeals) are reproduced as under :- 10. Now coming to the aspect of equal penalty impose in the Impugned Order under Rule 15 (1) of the CCR 2004 for short, except for stating that the Appellant has contravened the provisions of the Rules, there is no specific allegation so as to hold that they are guilty of having committed fraud, collusion or suppression of facts or made any wilful misstatement with an intent to evade payment of duty. I find that .....

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Fire Insurance Policy & Special Perils Policy (ii) Fire and Special Perils Policy, and (iii) Consequential Loss (Fire) Insurance Policy. The demand along with interest and penalty are set aside to that extent. (2) The Appellant is not eligible to avail credit of Service Tax paid on Money Insurance Policy and Fidelity Guarantee Policy. The demand along with interest are upheld to that extent. (3) The amounts of (i) and (ii) of para-1 alone for the material period shall be calculated by the j .....

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