Introducing the “In Favour Of” filter in Case Laws.
- ⚖️ Instantly identify judgments decided in favour of the Assessee, Revenue, or Appellant
- 🔍 Narrow down results with higher precision
Try it now in Case Laws →
TaxTMI Login
🚀 New Feature Launched ✕
Just a moment...
Introducing the “In Favour Of” filter in Case Laws.
Try it now in Case Laws →
Press 'Enter' to add multiple search terms. Rules for Better Search
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Tribunal Overturns Penalty, Rules in Favor of Appellant on Cenvat Credit Dispute</h1> The Tribunal set aside the impugned order regarding disputed Cenvat credit utilization for duty payment, ruling in favor of the appellant. The penalty ... Demand - Fortnightly payment of duty - Cenvat/Modvat Issues involved: Disputed utilization of Cenvat credit for duty payment and imposition of penalty.Summary:Issue 1: Utilization of Cenvat credit for duty paymentThe appellant, a small scale unit manufacturing copper products, utilized Cenvat credit beyond the prescribed period for duty payment. Proceedings were initiated, leading to an order directing deposit of duty in the PLA, along with interest and penalties on the appellant and its director.Judgment on Issue 1:The Tribunal noted that the appellant had paid the duty on cleared goods, albeit with incorrect credit utilization for a brief period. The timing of credit utilization was the crux of the dispute. The appellant had already paid interest on the duties, indicating their compliance. Considering the early stage of the fortnightly payment scheme and the possibility of confusion, the penalty was deemed unwarranted. The confirmation of demand against the appellant was set aside as they had paid the duty along with interest.Outcome:The impugned order was set aside, and the appeal was allowed with consequential relief to the appellant.
TaxTMI 
TaxTMI 
