2011 (6) TMI 369 - AT - Central Excise

CESTAT Chennai: Appeal partly allowed, penalty under CENVAT Credit Rules set aside due to prior penalty.

The Appellate Tribunal CESTAT, Chennai partly allowed the appeal in the case, setting aside the penalty under Rule 13 of the CENVAT Credit Rules, 2002, ... Penalty under Rule 13 - Cenvat credit - Held that:- Penalty imposed under Section 11AC meets the ends of justice and there is no need to impose another penalty of Rs.40,000/- under Rule 13 of the CENVAT Credit Rules, 2002 - Accordingly, the appeal is partly allowed by setting aside the penalty amount imposed under Rule 13 - The said petition also stands disposed. The Appellate Tribunal CESTAT, Chennai, in the case citation 2011 (6) TMI 369, heard arguments from both sides. The appellant's counsel referenced a previous Tribunal decision and requested setting aside a penalty under Rule 13 of the CENVAT Credit Rules, 2002. The Tribunal agreed, setting aside the penalty under Rule 13 due to the penalty already imposed under Section 11AC of the Central Excise Act. The appeal was partly allowed, and the case was disposed of accordingly.