https://www.taxtmi.com/caselaws?id=334404 The Tribunal remanded the case for fresh adjudication as the Adjudicating Authority failed to properly investigate if depreciation was not claimed in the balance sheet despite the initial claim, emphasizing that Cenvat credit cannot be denied in such cases. Regarding the penalty under Section 11AC, the Tribunal found discrepancies as the penalty exceeded the duty amount confirmed under Section 11A, deeming it unsustainable. The Tribunal highlighted that penalties should correspond to the duty determined and be commensurate with it, necessitating a reevaluation of the penalty amount based on the duty demand. en-us Thu, 17 Mar 2016 00:00:00 +0530 Sat, 12 Nov 2016 13:32:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=334404 The Tribunal remanded the case for fresh adjudication as the Adjudicating Authority failed to properly investigate if depreciation was not claimed in the balance sheet despite the initial claim, emphasizing that Cenvat credit cannot be denied in such cases. Regarding the penalty under Section 11AC, the Tribunal found discrepancies as the penalty exceeded the duty amount confirmed under Section 11A, deeming it unsustainable. The Tribunal highlighted that penalties should correspond to the duty determined and be commensurate with it, necessitating a reevaluation of the penalty amount based on the duty demand. Case-Laws Central Excise Thu, 17 Mar 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=334404