New User   Login      
Tax Management India .com TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

2016 (5) TMI 840 - CESTAT MUMBAI

2016 (5) TMI 840 - CESTAT MUMBAI - TMI - Imposition of penalty - Rule 15(2) of CENVAT Credit Rules, 2004 read with Section 11AC of Central Excise Act, 1944 - Improper Non-reversal of CENVAT credit attributable to the inputs gone into manufacturing of exempted goods - having been paid the amount as per the provisions of Rule 6 along with interest there was no need for visiting the appellant with penalty. - Appeal No. E/952/11 - Order No. A/87538/16/STB - Dated:- 4-5-2016 - MR. M.V. RAVINDRAN, MEM .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

NVAT Credit Rules, 2004 read with Section 11AC of Central Excise Act, 1944 for availing and utilizing the Modvat/CENVAT Credit improperly. Appellant has availed CENVAT credit on the inputs which were used for manufacturing of final product which were dutiable. At the same time for some clearances of the final product, appellant claimed the benefit of exemption under notification No.3/2005 (Sl.7). Despite claiming such an exemption appellant did not reverse the CENVAT credit attributable to the i .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e charged against the appellant. He would submit that the penalty has been correctly imposed. To support his contention he submits the following case laws:- (a) Mahindra & Mahindra Ltd. - 2007 (211) ELT 481 (Tri. Mumbai) (b) Union of India v. Chattisgarh Electricity Co. Ltd.- 2015 (325) ELT 24 (Chattisgarh) (c) CCE & C Aurangabad v. Padmashri V.V.Patil S.S.K. Ltd. - 2007 (215) ELT 23 (Bom.) (d) CCE Delhi III v. Machino Montell (I) Ltd.. - 2006 (202) ELT 398 (P & H) (e) S. Raghbir Sin .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version