2014 (2) TMI 350

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....ner (Appeals) set aside the penalty confirmed against the respondent under Section 11AC of the Central Excise Act, 1944. 2. Brief facts of the case are that the respondent procured capital goods in the year 2001-02. In the said year, they availed 50% of CENVAT Credit of duty paid capital goods. Remaining 50% credit was taken in the year 2002-03. The respondent again took 50% in 2003-04. Audit too....

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.... not correct proposition as held by the Hon'ble Supreme Court in the case of Union of India vs. Rajasthan Spinning & Weaving Mills - 2009 (238) ELT 3 (S.C.). Therefore, the impugned order is to be set aside and penalty under Section 11AC is to be confirmed against the respondent. 5. On the other hand the learned Consultant on behalf of the respondent has taken the credit wrongly but on pointing o....