https://www.taxtmi.com/caselaws?id=1082 Penalty under Rule 13 of the Cenvat Credit Rules, 2001 read with Section 11AC of the Central Excise Act, 1944 remained attracted where the record showed shortage of inputs, clandestine removal, and wrongful availing of Cenvat credit on HSD, which was excluded from eligible inputs under Rule 2(g). Payment or reversal made only after Revenue detection did not convert the case into a voluntary pre-SCN deposit situation, and did not by itself negate penalty where suppression and the other ingredients of Section 11AC were present. The Tribunal distinguished authorities relied on by the assessee and treated the prior deposit as insufficient to defeat penal consequences. en-us Mon, 04 Dec 2006 00:00:00 +0530 Sun, 08 May 2011 14:11:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=1082 Penalty under Rule 13 of the Cenvat Credit Rules, 2001 read with Section 11AC of the Central Excise Act, 1944 remained attracted where the record showed shortage of inputs, clandestine removal, and wrongful availing of Cenvat credit on HSD, which was excluded from eligible inputs under Rule 2(g). Payment or reversal made only after Revenue detection did not convert the case into a voluntary pre-SCN deposit situation, and did not by itself negate penalty where suppression and the other ingredients of Section 11AC were present. The Tribunal distinguished authorities relied on by the assessee and treated the prior deposit as insufficient to defeat penal consequences. Case-Laws Central Excise Mon, 04 Dec 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=1082