TMI Blog2017 (11) TMI 1458X X X X Extracts X X X X X X X X Extracts X X X X ..... under Rule 15(1) of the Cenvat Credit Rules and penalty imposed under Rule 25(1)(a) of Central Excise Rules 2002 read with 11AC are set aside. Penalty imposed under Section 15(2) read with 11AC of Central Excise Act 1944 is upheld. Redemption fine - Held that: - there is no merit in such imposition of Redemption Fine when no goods were seized and no goods are available for confiscation. Redempt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ld. Counsel for the appellants argued that a show-cause notice was issued to them alleging that they had taken credit on the basis of invoices without receiving any goods. He argued that the allegation was based on the statement of supplier of goods which was mistakenly accepted by the appellants. He argued that subsequently they had produced evidence to assert that they had actually received the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ings against a different firm, where Shri J.P. Gandhi was a partner, penalty only under Rule 15(2) of the Cenvat Credit Rules read with 11AC has been upheld. All other penalties have not been imposed although the show-cause notice in both cases are practically identical. 4. Ld. AR relied on the impugned order. 5. I have gone through the rival submissions. I find that the appellants firm has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 15(2) read with 11AC of Central Excise Act 1944 is upheld. 6. It is further seen that no goods were seized and no goods are available for confiscation, Redemption Fine in lieu of confiscation has been imposed. I find no merit in such imposition of Redemption Fine when no goods were seized and no goods are available for confiscation. Redemption Fine imposed is therefore set aside. 7. In t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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