TMI Blog2018 (5) TMI 870X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in favor of appellant. - Appeal Number E/2052/2010 - A/30488/2018 - Dated:- 25-4-2018 - Mr M V RAVINDRAN, MEMBER (JUDICIAL) And Mr C J Mathew, MEMBER(TECHNICAL) Shri Y. Srinivasa Reddy, Advocate for the Appellant. Shri Dora Reddy, Asst. Commissioner /AR for the Respondent. [Order per: M V Ravindran, Member (Judicial)] 1. This appeal is directed against Order-in-Original ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he final products manufactured by the appellant were liable to duty. On being pointed out by the visiting Officers, they reversed the entire amount of CENVAT credit attributable `to manufacture of battery operated vehicles and the goods/inputs lying in stock, and claim relief under Section 11A (2B) of Central Excise Act, 1944 from imposition of penalty. Show cause notices were issued for confirmat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court of Gujarat in the case of Tejas Agency [2014(34) STR 803 (Guj.)] and the judgments followed by the Bench in the case of Jon Deere India Pvt. Ltd [2015(326)E.L.T 205 (Tri.-Mumbai)]. Since the law on the issue is fairly settled, we find that the impugned order imposing penalty of ₹ 5.00 lakhs under the provisions of Rule 15 (1) of CENVAT Credit Rules 2004 is unsustainable and liabl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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