TMI Blog2017 (12) TMI 700X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellants have not suppressed any material fact from the Department and he had a genuine belief that the credit shown in the invoice is available to them and therefore had a belief that the first stage dealer must have complied with the conditions and procedure and the provisions of the law - imposition of penalty on the appellant and its Director is not warranted under law. Appeal allowed in part. - E/20699/2016-SM, E/20700/2016-SM - 22853-22854/2017 - Dated:- 17-11-2017 - Shri S.S Garg, Judicial Member Shri M. Madhava Murthy, Authorized Rep. For the Appellant Shri Pakshirajan, Assistant Commissioner (AR) For the Respondent ORDER Per: S.S GARG Appellants have filed these two appeals against common impugne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 013 confirmed the demand along with interest and also imposed penalty under Rule 25 read with Section 11AC of the Central Excise Act 1944 equal to the duty demanded and appropriated the same to the amount reversed by the appellant. Assistant Commissioner also imposed personal penalty of ₹ 8,000/- (Rupees Eight Thousand only) on Shri Anil Kumar, Executive Director of the company under Rule 15 of the Cenvat Credit Rules 2004. Aggrieved by the said order, appellant filed two appeals before the Commissioner (Appeals) who rejected the same and confirmed the Order-in-Original. Hence the present appeals. 2. Heard both the parties and perused the records. 3. Learned counsel for the appellant submitted that the impugned order is not sust ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ported should have been sold to him whereas in the present case some process has undergone at the level of job worker and Lead Ingots were converted into Lead sub Oxide and then sold to the appellant. He further submitted that the appellant had a genuine belief that the credit of duty as shown in the invoices is available to them since invoice showed the particulars of cenvat credit passed on to them and were under the belief that the input has been supplied to them following the conditions prescribed as per the provisions of the law and thereafter he has accepted the mistake and reversed ineligible credit availed along with interest. He further submitted that there is no suppression of facts on the part of the appellant to evade payment of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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