2009 (9) TMI 483

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....r the Respodent.  [Order] - In this case a SCN was issued to the appellant on 1-5-06 for imposition of penalty under Rule 13 of Cenvat Credit Rules, 2002/Rule 15 of Cenvat Credit Rules, 2004 read with Section 1 of Central Excise Act, 1944 for contravention of the provisions of Rule 3, 4 & 7 of Cenvat Credit Rules, 2002/Rule 3, 4 & 9 of Cenvat Credit Rules, 2004, in as much as during the pe....

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....e 13 of Cenvat Credit Rules, 2002/Rule 15 of Cenvat Credit Rules, 2004 read with Section 11AC of Central Excise Act, while neither the SCN makes duty demand nor any duty demand has been confirmed against the appellant in the order-in-original. On appeal against this order, the Commissioner (Appeals) vide order-in-appeal dated 28-6-07 upheld the Asstt. Commissioner's order. It is against this order....

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....ong with interest as soon as the same was pointed out and that in view of this, there is no justification for imposing penalty under Section I He also pointed out that this case is covered by the provisions of Section 1lA(2B) of Central Excise Act, 1944, as since in this case, on being pointed out by the Deptt., the entire amount was immediately paid along with interest, there is no justification ....

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....944. Out of total Cenvat credit of Rs.92,605/-, the major amount of Rs.86,331/- pertains to the capital goods Cenvat credit as while at the time of receipt of the capital goods, the appellant should have confined the credit of 50% of the duty involved, they took full credit of duty at the lime of receipt of capital goods instead of confirming the same to 50%, they would become eligible for the bal....