2015 (5) TMI 447 - SCH - Central Excise

Supreme Court overturns Tribunal decision in favor of Revenue, penalty waived due to conflicting opinions

The Supreme Court allowed the appeals, overturning the Tribunal's decision in favor of the Revenue. No penalty was imposed due to conflicting judicial ... Denial of CENVAT Credit - Imposition of penalty - Held that:- Central Excise – Appellant availed credit and paid excise duty at the time of clearance of goods. After sometime suo motu reversed it to avail exemption and claim for refund of duty paid. - Claim of exemption not allowed Decision in the case of Amrit Paper vs. Commnr. Of Central Excise reported in [2006 (7) TMI 7 - SUPREME COURT OF INDIA] followed However, it is not a case where penalty should be imposed by the respondent. Therefore, while upholding the order of the adjudicating authority insofar as the payment of duty is concerned, we set aside the order as far as penalty is concerned. - Decided partly in favor of Revenue. The Supreme Court allowed the appeals, setting aside the Tribunal's judgment in favor of the Revenue. Penalty was not imposed due to a conflict of judicial opinion before the issue was settled by a previous court judgment.