2015 (5) TMI 167

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....ary, Member (J),JJ. For the Appellant : Mr Prakash Shah, Adv. with Shri P Paranjape, Adv. For the Respondent : Mr K M Mondal, Consultant ORDER Per: P R Chandrasekharan: 1. The application for rectification of mistake has been made against final order No. A/775-778/14/EB/C-II dated 05/11/2014 passed by this Tribunal. It is contended by the appellant that upholding of penalty of Rs. 1....

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....of Terpene cleared without payment of duty, this contention is clearly wrong. In the order appealed against, the adjudicating authority, in par 194, in clause (v) thereof has confirmed recovery of Cenvat credit of Rs. 22,13,22,732/- under Rule 14 of the Cenvat Credit Rules, 2004 read with Section 11A(1) of the Central Excise Act. In clause (vi) of the said order, he has further confirmed a Central....

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....servation pertains to his findings that Cenvat credit of Rs. 3,93,78,240/- is available to the appellant. In his order, the Hon'ble Member (Judicial) has not given any contrary findings as to the confirmation of demand of Rs. 1,55,105/- in respect of clandestine clearance of Terpene by the appellant or to the imposition of penalty of equivalent amount on the appellant. The said demand has been....