TMI Blog2017 (5) TMI 1296X X X X Extracts X X X X X X X X Extracts X X X X ..... nt-Revenue ORDER Per: Dr. D.M. Misra Heard both sides. 2. This appeal is filed against the Order-in-Appeal No.SRP/473/VDR-I/2013 passed by the Commissioner(Appeals), Central Excise, Vadodara. 3. Briefly stated the facts of the case are that the appellants are engaged in the manufacture of excisable goods and availed CENVAT credit on inputs, capital goods and input services during the relevant period i.e. after 10.9.2004. They availed CENVAT credit on the input services namely, insurance service for which the Policy commenced with effect from 1.7.2004 to 30.6.2005, 6.8.2004 to 5.8.2005, 28.8.2004 to 27.8.2005 and 11.8.2004 to 10.8.2005, since the appellants had availed proportionate credit of the premium paid under invo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing precedent being sub silentio . She submits that in the subsequent judgment, the Tribunal in Ester Industries Ltd. Vs. C.C.E., Meerut II - 2012 (26) STR 550 (Tri-Del.), after taking into consideration Rule 9(1)(f) of CENVAT Credit Rules, 2004 categorically held that credit contrary to the provision of Rule 9(1)(f) of Cenvat Credit Rules,2004 cannot be held to be admissible. It is her contention that this Tribunal taking into consideration the facts upheld the extended period of limitation. Hence, the said ratio is squarely applicable to the facts of the present case and rightly followed by the ld. Commisisoner (Appeals). 6. I have carefully considered the submissions of both sides. I agree with the contention of the ld. A.R. for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o I do not agree with the contention of the appellants on time bar either . 7. I fully agree with said observation in Ester Industries Ltd., therefore, the impugned order on merit is upheld. However, the Tribunal has also taken into consideration the fact that the benefit of discharging 25% of the penalty being not extended to the appellant by the authorities below allowed the same observing as follows: 7. In the matter of penalty I find that Rule 15 of Cenvat Credit Rules does not mandate imposition of penalty equal to wrong credit taken. Further even under Section 11AC the assessee is to be given an option to pay 25% of the duty evaded as penalty within 30 days of receipt of the order for final closure of the matter. No such opti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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