TMI Blog2018 (10) TMI 1269X X X X Extracts X X X X X X X X Extracts X X X X ..... t officers had not specifically alleged regarding the involvement of the appellant in the activities of fraud, collusion, suppression etc., in defrauding the Government revenue. Thus, under such circumstances, the provisions of sub-rule (2) of Rule 15 read with section 11AC ibid cannot be invoked for imposition of the penalty on the appellant. Also, reliance placed in the case of Gaurav Mercant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder under Rule 15 (2) of the CENVAT Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944. 2. The Learned Advocate appearing for the Appellant submits that due to inadvertence, Development Cess paid on the imported commodity was taken as CENVAT credit by the appellant and on pointing out such irregularity by the audit officers, such credit entry was reversed by the appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... raised by the audit wing of the department, the appellant is exposed to the penal consequences provide in the statute. He has relied on the judgment of Hon ble Allahabad High Court in the case of K.A. Forward Shoe Factory v. Assistant Commissioner of Central Excise [2017 (356) ELT 369 (All.)] and Commissioner of Central Excise, Customs Service Tax, Noida v. Precision Pipes and Profile Company ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es of fraud, collusion, suppression etc., in defrauding the Government revenue. Thus, under such circumstances, the provisions of sub-rule (2) of Rule 15 read with section 11AC ibid cannot be invoked for imposition of the penalty on the appellant. I find support from the judgment of the Hon ble Bombay High Court in the case of Gaurav Mercantiles Ltd. ( supra), wherein imposition of penalty was se ..... X X X X Extracts X X X X X X X X Extracts X X X X
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