TMI Blog2020 (4) TMI 697X X X X Extracts X X X X X X X X Extracts X X X X ..... are no ingredient of miss-statement or suppression of facts with an intent to evade payment of tax. In fact after being pointed out by the CERA Audit, the appellant went through its records and finally did not dispute and paid the entire amount of tax along with applicable interest before issuance of the Show Cause Notice. The penalty imposed under Rule 15 of the CCR, 2004 read with Section 78 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid by the appellant and a penalty of ₹ 1,97,269/- was imposed under Rule 15 of CENVAT Credit Rules, 2004 read with Section 78 of the Finance Act, 1994. On appeal, the Lower Appellate Authority rejected the appeal before him. Hence, the present appeal before the Tribunal. 2. Heard both sides and perused the appeal records. 3. I find that the appellant is engaged in providing taxable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant that since the entire amount of Cenvat Credit along with interest was paid before the issuance of the Show Cause Notice, there was no occasion of issuance of Show Cause Notice and there was no contumacious conduct on the part of the appellant assessee. Penalty was imposed under Rule 15 of the CCR Rules, 2004 read with Section 78 of the Finance Act, 1994. 4. On perusal of records, I do ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
