TMI Blog2017 (2) TMI 1145X X X X Extracts X X X X X X X X Extracts X X X X ..... f dutiable goods - as the respondent is paying duty in their final product, the respondent is entitled to take cenvat credit on inputs used in manufacturing of their final product. Penalty u/s 11AC - Held that: - there is no allegation that the respondent was having mala-fide intention not to pay duty, as per provisions of Section 11AC of the Act. As contents of the Section 11AC are missing, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8 of the Central Excise Tariff Act, 1985. It revealed that the respondent was doing job work of their sister concern under Notification No. 214/86 dated 25.03.86 and the sister concern was clearing final product i.e. tractor on payment of duty. However, the sister concern filed declaration under Notification 49-50/2003 dated 10.06.2003 and started availing exemption from Central Excise Duty, conse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Heard the Ld. AR and perused the records. 4. On perusal of the records, we find that it is admitted fact that during the pendency of proceedings, the respondent paid duty along with interest as their final product was dutiable. As per Cenvat Credit Rules, 2004, when the assessee manufacturing dutiable goods, the assessee is entitled for benefit of input used in manufacturing of dutiable goods. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
