2015 (7) TMI 424

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....stt. Commr. (AR) ORDER Per: M V Ravindran: 1. This appeal is directed against Order-in-Appeal No. SB/56/LTU/MUM/2010 dated 26.03.2010. 2. Relevant facts that arise for consideration are, appellant is engaged in the manufacture of excisable goods, falling under chapter -87 and are availing Cenvat Credit under Cenvat Credit Rules, 2004. It was observed that the appellant has fraudulently....

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....has lodged a FIR against the said employee and issue is pending. He would submit that they have not paid the interest only for the reason that the Cenvat Credit wrongly availed, was not utilized. He would submit that the penalty is not to be imposed as there was no intention to avail wrong credit by the company. 4. Learned departmental Representative on the other hand could draw my attention to....

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....44. 7. On perusal of records, it transpires that there is no dispute as to the facts, that one of the employee of the appellant has engaged himself in fraudulent act, so as to enrich himself, by availing Cenvat Credit on the invoices raised by the supplier without receipt of inputs. It is to be noted that the appellant company had lodged a FIR on 23.01.2007 against the said employee with local ....