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2016 (7) TMI 1110 - CESTAT MUMBAI

2016 (7) TMI 1110 - CESTAT MUMBAI - 2016 (340) E.L.T. 694 (Tri. - Mumbai) - Demand of duty - (i) to recover duty on MRP based assessment on goods supplied to CSD canteens and Institutions, (ii) to deny CENVAT credit taken before receipt of goods and (iii) to recover Central Excise duty on certain invoices recovered from the appellant on which there were errors. - Held that:- In so far as serial number (i) of first para is concerned, we find that the issue of applicability of MRP based assessment .....

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was imposed. Since the said order has not been challenged by the Revenue, no penalty can now be imposed on the appellant on this count. In fact the first adjudication order finalized the issue. - In so far as serial number (iii) of first para is concerned we find that all the invoices produced by the appellant show that they have invoice numbers printed by computer. In some of the invoices the serial number has also been printed by franking machine and in some others the same has been pre-p .....

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e circumstances, we cannot sustain the charge of clandestine clearance. - Decided partly in favor of assessee. - Appeal No. E/3439/05 - A/88411/16/EB - Dated:- 14-6-2016 - MR. M.V. RAVINDRAN, MEMBER (JUDICIAL) AND MR. RAJU, MEMBER (TECHNICAL) Shri Prashant Patankar, Consultant, for appellant Shri S.V. Nair, Supdt. (AR), for respondent ORDER Per: Raju The appellant M/s. Kellogg India Pvt. Ltd., were issued a notice seeking (i) to recover duty on MRP based assessment on goods supplied to CSD c .....

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ting authority in respect of serial (iii) above on the basis of the invoices submitted by the appellant. The Tribunal also upheld the demand of serial (i) above however, remanded the case to the original adjudicating authority for re-determination of penalties. The matter was adjudicated again by Commissioner who vide order dated 19.07.2005 upheld the demands of serial (i), (ii) & (iii) and imposed penalty equivalent to total of the amount in serials (i), (ii) and (iii) above. Aggrieved by t .....

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Learned Counsel for the appellant argued that so far as the serial (ii) of first para is concerned the demand is wrongly confirmed as they had reversed the amount on their own and in the first order of the Commissioner no penalty was imposed. Since the said order of the Commissioner was not challenged by the Revenue, no penalty can now been imposed on them. 2.2 In respect of serial (iii) of first para the learned Counsel produced the invoices. He pointed out that demand has been raised due to di .....

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ause notice, a clear mention has been made regarding the duty paid, vehicle No. and other details of the clearance. He pointed out that in the show-cause notice there is no allegation of clandestine removal. He also argued that no evidence has been produced by Revenue to allege that there was clandestine clearance of the goods. 3. In respect of serial number (i) of first para the learned A.R. pointed out that the duty liability has been admitted by the appellant and therefore the penalty should .....

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the invoices indicates that there were parallel invoices have been made which point towards clandestine clearance of the goods. He stated that the appellant had without reservation paid substantial amount of duty and therefore had admitted their guilt. In these circumstances he argued that no further evidence needs to be produced to establish clandestine clearance. 4. We have gone through the rival submissions. 4.1 In so far as serial number (i) of first para is concerned, we find that the issu .....

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