2014 (5) TMI 453

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.... Gaikwad, Adv. For the Respondent : Shri Ahibaran, Additional Commissioner (AR) JUDGEMENT Per: Ashok Jindal: The assessee is in appeal against the impugned order for denying the CENVAT credit taken by them on the goods. The Revenue is also in appeal against the impugned order for dropping the penalty imposed on the assessee by the learned Commissioner. 2. Brief facts of the case are....

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....er Rule 6 of Central Excise Rules, 2002. As the assesses have not taken permission for removing the inputs therefore, the adjudicating authority confirmed the demand along with the interest and also imposed a mandatory penalty of equivalent amount under Section 11AC of the Central Excise Act, 1944. On appeal before the learned Commissioner (Appeals) the demand was confirmed, interest and penalty w....

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....the contentions of the learned Advocate and submits that the assessee has contravened the provisions of Rule 6A of Central Excise Rules, 2002. Further, at the time of investigation the same has not been recorded in their statutory records therefore, they are not entitled for the credit. 6. Considered the submissions made by both the sides. 7. The fact that these inputs were later-on received....