9911796707
TMI Blog2023 (3) TMI 950X X X X Extracts X X X X X X X X Extracts X X X X ..... en maintaining all the statutory records like RG-1, Invoices, Monthly returns were also filed as required. 02. During scrutiny of the ER-1 return of the appellant for the month of October 2011 to July 2012, it has been observed by the department that the appellant failed to pay full amount of central excise duty payable by them for the month of October 2011 to July 2012. It has been alleged by the department that the appellant have cleared the finished goods namely Plywood & Veneer valued at Rs. 13,29,26,801/- for home consumption on which central excise duty amounting to Rs. 1,47,38,289/- was payable. The appellant paid central excise duty of Rs. 83,20,396/- by utilizing cenvat credit as against the total liability of Rs.1,47,38,289/-. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , as due and payable under Section 11AB/11AA of the Central Excise Act, 1944 on the amount of Central Excise duty as per Sl. No. (i) above, payable by M/s. Indus Tropics Limited without utilization of CENVAT credit. As M/s Indus Tropics Limited has paid interest of Rs.3,33,764/- through PLA during the default period, I appropriate Rs.3,33,764/- towards interest on the confirmed demand. (iv) I hold the excisable goods totally valued at Rs. 12,07,58,753/- cleared by M/s. Indus Tropics Limited as liable to confiscation under Rule 25 (1) of the Central Excise Rules, 2002 in view of discussion above at para 17. However, no redemption fine is imposed in lieu of confiscation considering that the goods are not available for confiscation. (v) I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court of Gujarat has been stayed by the Hon'ble Apex Court. Similar decision was taken by the Hon'ble High Court of Gujarat in the case of Shreeji Surface Coatings Pvt Ltd (supra) and it does not appear that this order has been struck down or stayed by the Hon'ble Supreme Court. However, an appeal against this appears to have been admitted by the Hon'ble Apex Court. In the case of Malladi Drugs & Pharmaceuticals Ltd (supra) a batch of writ petitions filed by various parties were decided by the Hon'ble High Court of Madras striking down Rule 8(3A) as ultra vires. Against this batch order three appeals have been admitted by the Hon'ble Apex Court which are as follows: a) SVM Auto Products [2017 (349) ELT A220 (SC)] ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... against these judgments have been admitted and are under consideration of the Hon'ble Apex Court, whether the ratio of these judgments bind this tribunal or otherwise. We find that the last in the series of judgments was passed by the Hon'ble High Court of Bombay in the case of Nashik Forge Pvt Ltd (supra) on 17.09.2018 holding that the ratio of the judgment of the Hon'ble High Court of Madras, Gujarat and Punjab & Haryana apply. Respectfully following the decision of the Hon'ble High Court of Bombay, we follow the ratio of the aforesaid judgments of the Hon'ble High Courts and hold that the demand is unsustainable and needs to be set aside. Consequently, penalties imposed upon the appellant also need to be set aside and ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
