2009 (8) TMI 940

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....r the Appellant. None, for the Respondent. ORDER This is an appeal filed by the Deptt. against Commissioner (Appeals)'s order No. 266-CE/BPL/2006 dated 9-3-07 by which the Commissioner (Appeals), while upholding the confirmation of the Cenvat credit demand against the respondent, reduced the penalty under Rule 15 of the Cenvat Credit Rules, 2002 from Rs. 1,08,160/- to Rs. 8,000/-. The dep....

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....ng the duty on the goods in respect of which contravention has been committed or Rs. 1,000/- whichever is greater and that since in this case the wrongly taken Cenvat credit is Rs. 1,08,000/-, penalty equal to this amount was warranted as per the provisions of Rule 15(1) of the Cenvat Credit Rules, 2002. In this regard, he also cited the Tribunal's order in the case of CCE, Lucknow v Sarjoo Sahaka....

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.... the goods in respect of which contravention has been committed is more than Rs. 10,000/-, penalty not exceeding the amount of duty involved can be imposed. Penalty within these upper limits can be imposed. From the language of this sub-rules, it cannot be inferred that only the penalty equal to these upper limits has to be imposed. The Deptt.'s contention would have been correct if instead of the....