Feedback   New User   Login      
Tax Management India. Com TMI - Tax Management India. Com
Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Case Laws Manuals Short Notes Articles SMS News Highlights
        Home        
Extracts
Home List
← Previous Next →

Luminous Power Technologies Versus CCE, Delhi-II

2018 (1) TMI 482 - CESTAT NEW DELHI

Penalties u/s 11AC read with Rule 15 (2) of the CCR, 2004 - Cenvat Credit availed on SAD - Held that: - at the time of clearance of goods the appellant paid excess CVD thereon. If an assessee is paying excess duty, and could not pay the duty due to t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

f goods, the same is required to be adjusted against the short payment of SAD made by the appellant along with interest. Therefore, for the calculation purpose the only, the matter is consigned to the adjudicating authority to find out how much amoun .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Ashok Jindal, Member (Judicial) Shri Hemant Bajaj, Advocate - for the appellant Shri K. Poddar, DR - for the respondent ORDER Per: Ashok Jindal 1. The appellant is in appeal against the impugned order contesting the penalties imposed on them under S .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

paid CVD availed by them but inadvertently did not pay the Cenvat Credit of SAD availed. During the course of investigation, when it came to the knowledge of the Department, the appellant paid the amount attributable to SAD along with interest. There .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ith Section 11AC of the Central Excise Act, 1944. The matter was adjudicated the demand on account of SAD not paid at the time of clearance was confirmed along with interest and penalty was also imposed. Against the said order, the appellant is befor .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

, that they could not paid the amount of Cenvat Credit availed on SAD at the time of clearance of imported goods. It is his contention that they have paid the amount of CVD availed by them, therefore, it cannot be alleged that the appellant was havin .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

D is to be adjusted against the payment of SAD along with interest. Therefore, there is a calculation error that has to be required to be considered. 4. On the other hand, Ld. DR for the Revenue reiterated the findings in the impugned order. 5. Heard .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ules, 2004 read with Section 11AC of the Act can be imposed on the appellant or not ? 7. I find that it is a fact on record at the time of clearance of goods the appellant paid excess CVD thereon. If an assessee is paying excess duty, and could not p .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Discussion Forum
what is new what is new
 


Share:            

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version