TMI Blog2018 (3) TMI 261X X X X Extracts X X X X X X X X Extracts X X X X ..... ation shall be completed within a period of three months from the date of receipt of this order. Penalty on M/s. Sri Amman Allied and Steel Industries - Held that: - Taking into consideration of the fact that equal penalty under section 11AC has been imposed and also that a penalty under Rule 26 cannot be imposed upon a company, we find that the said penalty requires to be set aside. Matter remanded to verify the plea of appellant regarding benefit of CENVAT credit - appeal allowed by way of remand. - Appeal No. E/324 & 325/2009 - Final Order Nos. 40530-40531 / 2018 - Dated:- 26-2-2018 - Ms. Sulekha Beevi C.S., Member (Judicial) And Shri Madhu Mohan Damodhar, Member (Technical) Shri S. Jaikumar, Advocate for the Appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ulaganayaki Amman Steels. The Commissioner dropped the demand of ₹ 6,48,392/- for recovery of CENVAT credit which was raised against M/s. Sri Ulaganayaki Amman Steels. Penalty of Rs. One lakh was also imposed on M/s. Sri Amman Allied and Steel Industries under Rule 26 of Central Excise Rules, 2000. Aggrieved, the appellants have field Appeal Nos. E/324 325/2009. 2. At the time of hearing, ld. counsel Shri S. Jaikumar appearing on behalf of the appellants submitted that the appellants are not contesting the above appeals and he filed written statement of appellant to this effect. He submitted that against the Tribunals Final Order No. 529 530/2008 dated 30.4.2008, they had filed Civil Miscellaneous appeal No. 2299/2009 before th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AT credit in case the appellant produce documents. We find that this plea is a reasonable one. In Vikash J. Shah Vs. Commissioner (Appeals) Coimbatore 2016 (334) ELT 491 (Mad.), the Honble High Court observed that the benefit of CENVAT credit ought to be given to the appellant. We direct the adjudicating authority to consider the claim of the appellant for CENVAT credit on production of documents. The said verification shall be completed within a period of three months from the date of receipt of this order. The appellant shall not be given any further time for production of documents and in case the appellant has not produced the documents within such period of three months, the matter remains closed. 6. The ld. counsel has pleaded to w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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