TMI Blog2018 (6) TMI 1067X X X X Extracts X X X X X X X X Extracts X X X X ..... ts of the present case though the appellant had taken wrong credit but same was not utilised therefore as per the amended Rule 14 interest is not chargeable - demand of interest set aside. Personal penalty on Shri. Ravindra Chimanlal Agarwal - Held that:- Shri. Ravindra Chimanlal Agarwal admitted that they have wrongly availed the credit only on the invoice for which they have paid the some charges to the invoice issuing person. In this fact Shri. Ravindra Chimanlal Agarwal does not deserve leniency hence penalty imposed upon him is sustained - penalty upheld. Appeal allowed in part. - E/86247,86249/2017 - A/86423-86424/2018 - Dated:- 16-5-2018 - Shri Ramesh Nair, Member (Judicial) Shri Gurudev C. Madhom, Advocate for Appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Shri Ravinder Chimanlal Aggarwal, Authorized Person of M/s. Guardian Casting Pvt. Ltd., was recorded under Section 14 of the CEA, 1944 on 18.02.2013 wherein he interalia stated that he looked after sale and purchase of inputs which were required for production of M.s. Billets. They required raw material viz. M.S. Scrap. Sponge etc. on which they availed CENVAT credit. He admitted that during the period from. 01.04.2012 to 31.08.2012 they had obtained following Invoices of M/s. DJG after paying some charges to M/s. DIG. Bill No. Date Weight Rate Basic Amt. Cenvat Duty Edu. Cess SHEC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12904 270973 376 25-Ju1-12 11995 24 287880 34546 691 345 16174 339636 379 27-Ju1-12 10650 24 255600 30672 613 307 14360 301552 381 28-Ju1-12 15640 24 375360 45043 901 450 21088 442842 398 8-Aug 12 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ify their mistake by reversing the wrongly availed CENVAT credit and he undertook to pay/reverse the amount of CENVAT credit of ₹ 4,75,685/-, Education Cess of ₹ 9,514/- and Sec. and Higher Education Cess of ₹ 4,757/-. He submitted that in such type of transaction they had made full payment as per invoice amount to M/s. DGJ by cheque or RTGS and after deduction of charges for purchase of invoice balance amount was received by them in cash. He was shown Statement of Shri Rajnish Gupta alias Shri Timmi Gupta, Supervisor of M/s. DJG recorded under Section 14 of the CEA, 1944 on 14.01.2013, on perusal of which he accepted that his (Shri Rajnish Gupta alias Shri Timmi Gupta) statement was correct in respect of their company M/s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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