9911796707
TMI Blog2017 (1) TMI 289X X X X Extracts X X X X X X X X Extracts X X X X ..... e is that the appellant was clearing the final product by availing exemption notification No. 30/2004-CE dt. 9.7.2004 during the period 2004 to 2007. However the Cenvat Credit was availed on the input used in the manufacture of said exempted final product. The factory was visited by the officer on 15.3.2007 and it was detected that the appellant is availing the exemption and simultaneo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 11AC of the Act. The payment of duty which is equal to cenvat credit, was already made by the appellant and the same was not contested. Being aggrieved by the original order, only to the extent of imposition of penalty under Section 11AC of Act, the appellant filed appeal before the Commissioner (Appeals), which was rejected therefore the appellant is before me ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on and if the cenvat credit is availed. The same should have been reversed on the clearance of the goods under exemption which the appellant failed to do so, therefore the penalty under Section 11AC was correctly imposed. He further submits that the penalty imposed under Section 11AC cannot be reduced or waived, being the penal provision is mandatory. As regard the interest, he submits that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to do so. The entire case was unearthed only after the visit of the factory by the officer. Therefore, it is established that there is a suppression of fact on the part of the appellant. In such case the demand was correctly confirmed under the proviso to Section 11A of the Act. Consequently, the equal amount of penalty under Section 11AC is also correct. This has been held by the Hon ..... X X X X Extracts X X X X X X X X Extracts X X X X
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