2009 (11) TMI 793

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....rivastava, SDR, for the Respondent. ORDER This is an appeal against the order of the Commissioner (Appeals) No. 499/CE/CHD/2007 dated 17-10-07. 2. Heard both sides. 3. The appellants received imported inputs and availed Cenvat credit. They were entitled to take Cenvat credit of CVD paid on the imported goods. CVD had two components - basic excise duty and education cess. In addition to....

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.....50 lakhs. For sustaining part of the penalty the Commissioner (Appeals) took into account that the Cenvat credit was reversed only on being pointed out by the Range Officer. 4. Learned Advocate for the appellants submits that it was a mistake in taking the credit of education cess relating to basic customs duty. The dispute relates to the period 9-7-04 to 31-3-05, the initial stage of introduc....

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....t to evade duty, under Rule 13(1) of Cenvat Credit Rules, 2002(as it was existing), the penalty imposable was only Rs.10,000/-. He submits that under Rule 15(1) of Cenvat Credit Rules, for similar circumstances, the minimum penalty prescribed is only Rs.2000/-. 5. Learned SDR reiterates the finding of the Commissioner (Appeals). 6. I have carefully considered the submissions from both sides.....