2016 (1) TMI 60

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....For the Appellant : Shri P K Mittal & Shri Naveen Bindal, Advs For the Respondent : Shri M S Negi, DR ORDER Per B Ravichandran There are three appeals taken up together for decision as the issue involved is same. Appeal No. E/1381/2009-Ex(DB) and E/1382/2009 -Ex(DB) were filed by M/s. United Chain Industries and M/s. Kay Iron Works (Jorian) Pvt. Ltd. Appeal No. E/1383/2009 Ex(DB) was f....

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.... (Rs.50 lakhs). The appeals against the impugned order were decided by this Tribunal vide order dated 4.9.2009. The appellants challenged the above said order before Hon'ble Punjab and Haryana High Court by way of writ petition. The Hon'ble High Court vide order dated 6.10.2009, after considering the appellants grievance regarding disposal of appeals themselves at the time of hearing stay ....

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....or closure of proceedings by allowing them to avail the benefit of 25% penalty under section 11 AC of the Central Excise Act, 1944 and also wavier of penalty imposed on Shri Praveen Chandra. 4. Learned AR, on the other hand, contested the plea of the appellants for reducing the penalty under section 11 AC as they have not paid the full amount within the time prescribed under the said section. ....

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....inal products does not arise. As such, the passover of credit by them to a third party becomes crucial for full compensation of revenue loss due to this illegal acts. In this situation, we find that the credit of duty utilized for purported clearance of final product by the appellants resulting in cenvat credit availment by buyers stands recovered at the buyers end as admitted by both the sides. T....