2013 (12) TMI 441

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....pondent : Sh P N Sarvaiya, AR PER : M V Ravindran This Appeal is directed against Order-in-Appeal No.Commr.(A)/300/VDR-II/2011 dated 29.08.11. 2. The brief facts that arises for considerations are appellant herein is manufacturer of P & P Medicines falling under chapter of the Central Excise Tariff Act, 1985; appellant availing cenvat credit of Central Excise duty paid on inputs and service tax....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e demand of the interest of an amount of Rs. 27,366/- on the credit wrongly availed but reversed; and penalty of Rs. 3,24,316/- imposed under Rule 15 of the Cenvat Credit Rules, 2003. 5. As regards the demand of interest of Rs. 27,366/- find that though the appellant has argued at length on non imposition of interest, in my view, as the appellant on being pointed out reversed the amount and is no....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nt herein has suppressed and indulged in committing fraud which is unsubstantiated. On the perusal of the show-cause-notice though there is allegation of suppression or fraud committed by the appellant herein for taking cenvat credit, on deeper perusal of the show-cause-notice, I find that the said show-cause-notice does not indicate any reasons for invoking the extended period of limitation. In m....