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Tulsi Extrusions Ltd. Versus Commissioner of Central Excise, Nashik

2016 (5) TMI 840 - CESTAT MUMBAI

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 am .....

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For the Respondent : Shri N.N. Prabhudesai, Supdt (AR) ORDER PER : M.V. RAVINDRAN This appeal is directed against Order-in-Appeal No. AKP/NSK/49/2011 dated 28.2.2011. 2. None appeared on behalf of the appellant. Since the appeal is of 2011, I take up .....

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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 clea .....

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mpted goods. On being pointed out, appellant reversed 8% or 10%, as the case may be, of the value of the exempted goods in his CENVAT account. Revenue authorities issued show-cause notice for appropriating the said amount on the appellant, the intere .....

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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) .....

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Tax - AIR 1958 PH 250 4. On perusal of the records it is undisputed that the appellant had availed exemption notification for the clearances of the finished goods without payment of duty and reversed the CENVAT credit on inputs utilized for such exem .....

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