2010 (1) TMI 709

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....d Customs, Vadodara, has filed this Tax Appeal under Section 35-G of the Central Excise Act, 1944, proposing to formulate the following substantial question of law for determination and consideration of this Court:   (1) Whether in the facts and circumstances of the case, the learned CESTAT was right in law and in allowing the Appeal of the respondent assessee after holding/treating violat....

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.... determines the amount of Central Excise duty chargeable on the HR coils used in the manufacture of CR coils cleared for consumption and paid the amount along with the interest under TR-6 Challans. The assessee has the credit of this amount in the PLA and thereafter used that credit for payment of duty on the final products CR coils and thereby nullifying the payment of duty on the diverted HR coi....

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....would be available to the assessee as Cenvat Credit in their Cenvat Credit Account and as such the whole exercise is a revenue neutral. The Commissioner has, however, taken the view that just because the duty paid on certain goods to be used as inputs is available as Cenvat Credit, it does not mean that, no duty is required to be paid on those goods. He, accordingly, imposed penalty of Rs.2 lacs o....

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....s.1 crore has been confirmed against the assessee. The Tribunal has, therefore, taken the view that it is only a minor procedural mistake on the part of the respondent assessee. The Tribunal, therefore, felt that the duty demand and imposition of penalty are not justifiable and accordingly the order passed by the Commissioner was set aside and the said Appeal was allowed with consequential relief.....