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M/s. Deeveear Reprographics P. Ltd., Rep. by its Director V. Duraisamy Versus The Customes Excise and Service Tax Appellate Tribunal, Chennai, The Commissioner of Central Excise (Appeals) , Trichy And The Joint Commissioner of Central Excise, Coimbatore

2018 (1) TMI 641 - MADRAS HIGH COURT

CENVAT/MODVAT credit - penalty - Held that: - the order directing levy of penalty of ₹ 35,000/- under Rule 571(4) of the Central Excise Rules, is set aside and the matter is remanded to the third respondent for arriving at a correct value, as i .....

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n for Mr.K.Jayachandran For The Respondents : Mr.A.P.Srinivas, Senior Panal counsel ORDER Heard Mr.M.A.Mudimannan, learned counsel for Mr.K.Jayachandran, learned counsel for the petitioner and Mr.A.P.Srinivas, learned Senior Panal Counsel appearing f .....

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2.2002 passed by the second respondent confirming the demand of duty of ₹ 2,74,292/- and reduced penalty amount of ₹ 2,00,000/-. 3. The tribunal has allowed the petitioner's appeal so far as the denial of Modvat Credit is concerned an .....

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However chose to given partial relief of ₹ 35,000/-. When the main issue relating to denial of Modvat credit itself was set-aside, the penalty ought to have been set aside in its entirety and not to a partial extend. To that extent, the impugne .....

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orked. Such a ground has been raised in the memorandum of grounds of appeal filed before the first respondent. But no finding has been rendered by the Tribunal on the said issue. In fact such a contention has been raised in paragraph 7(g) of the affi .....

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