2014 (4) TMI 762

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....ement of such raw material /parts / components used as inputs. Intelligence was received that whenever the raw materials / parts / components were damaged in transit, the appellants claimed insurance of that damaged portion with the insurance company. The insurance claims were inclusive of the excise duty for which the appellants had already availed the cenvat credit. Thus they were availing the benefit of duty credit on the one hand and on the other hand claiming the amount of excise duty element with the insurance company. Summons were issued to the company on 03.06.2005 for producing the details in this regard and statements of the Divisional Manager (Excise) recorded on 11.08.2005 and 26.09.2005. The appellants admitted that they had av....

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....ct, 1944, imposition of penalties under rule 15 of the Cenvat Credit Rules read with section 9 and section 11AC of the Central Excise Act,1944 for wrong availment of cenvat credit with intent to evade payment of central excise duty. 3. Show cause notices were issued also for imposition of penalties on the individuals. The appellant contested the issue before the adjudicating authority and adjudicating authority confirmed the demands raised by an order dated 09.01.06 and imposed equivalent amount of penalty and also recovery of interest and personal penalty on the Divisional Manager of the appellants company. Aggrieved by such an order, appellant preferred an appeal before the first appellate authority. The first appellate authority in the....