2011 (5) TMI 632

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.... :- In this case, the Assistant Commissioner vide Order-In-Original dated 06.12.07 confirmed Cenvat Credit demand of Rs.2,49,696/- against the respondent along with interest and imposed penalty of equal amount under Rule 15 of Cenvat Credit read with section 11AC of Central Excise Act, 1944 and besides this, penalty of Rs.10,000/- was also imposed on Shri Pradeep Dalmia, Director of the respond....

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....enging the Commissioner(Appeals)'s order setting aside the penalty on the respondent company. 2. Heard both the sides. Shri R.K.Gupta, Ld. DR assailing the impugned order of Commissioner(Appeals) pleaded that the respondent have not disputed the shortage of 8500 kg. of copper scrap in respect of Cenvat Credit has been taken, that no explanation for this huge shortage has been given by the respo....

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....vocate, Ld. Counsel for the respondent, defended the impugned order by reiterating the findings of the Commissioner(Appeals) and pleaded that just on account of shortage of scrap, it can not be concluded that the quantity found short had been clandestinely removed, that there is no admission by Shri Pradeep Dalmia, Director of the respondent company that the scrap found short has been cleared with....