2012 (6) TMI 756

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....dave, AR, for the Respondent. ORDER A case of wrong availment of Cenvat credit was made out by Revenue against M/s. Kundan Castings (P) Ltd., Malwan, Fatehpur. A Show Cause Notice issued in that regard was confirmed resulting in confirmation of excise duty of Rs. 97,990/- against M/s. Kundan Castings (P) Ltd. along with penalties. Further a penalty of Rs. 97,990/- was imposed under Rule 13 o....

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....ge of the company is also responsible for such offence and to absolve himself such person has to prove that the offence was committed without his knowledge and then only there is a case for waiving penalty on the Director of the company. In this case, the appellant has not proved that the offence was committed without his knowledge. 4. Rule 13 of [Cenvat Credit] Rules, 2002, during the rel....

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....ccount of fraud, wilful misstatement, collusion or suppression of facts, or contravention of any of the provisions of the Act or the rules made thereunder with intention to evade payment of duty, then, the manufacturer shall also be liable to pay penalty in terms of the provisions of section 11AC of the Act. (3) Any order under sub-rule (1) or sub-rule (2) shall be issued by the Central Ex....