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2016 (11) TMI 776 - CESTAT CHANDIGARH

2016 (11) TMI 776 - CESTAT CHANDIGARH - TMI - Reversal of cenvat credit - imposition of penalty on the assessee 25% of the Cenvat Credit reversed and penalty of ₹ 25000/- on the manager - total liability of duty exceeding SSI limit - Held that: - In this case, during the course of investigation, certain inputs were found short. The revenue has presumed that these inputs have been used in manufacturing of final product. The Revenue has not adduced any evidence that these inputs have been us .....

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e same has not been disputed by the assessee. In that circumstances, penalty is rightly imposed on the assessee and its manager, therefore, for the imposition of penalty, I do not find any infirmity in the impugned order. The same is upheld - appeal dismissed - imposition of penalty upheld. - Appeal No. E/3228, 3231 & 3262/2007 - FINAL ORDER Non: 61526-61528/2016 - Dated:- 7-10-2016 - Mr. Ashok Jindal, Member (Judicial) Sh. Sudeep Singh, Advocate- for the appellant Sh. Harvinder Singh, AR- for t .....

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exceeds SSI limit and they are liable to pay duty on the said goods. Merely, the reversal of cenvat credit was not found to sufficient by the Revenue, therefore, a show cause notice was issued to demand of duty from the assessee along with interest and various penalties to be imposed on the assessee and their manager. The matter was adjudicated. The adjudicating authority confirmed the proposal made in the show cause notice and imposed penalty on both the assessee as well as its manager. The sa .....

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by the Ld. Commissioner (A), the Revenue is in appeal. 3. The Id. AR appearing on behalf of the Revenue is submits that as the assessee himself admitted that during the course of investigation, these inputs have been used in manufacturing of final product, therefore, it is an admissions of their part and they are required to pay duty and merely reversal is not sufficient. He also submits that as assessee has shown clearance as sales in their income tax returns. 4. On the other hand, the Ida Cou .....

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