2016 (3) TMI 620

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....cise<br>MR. D. M. MISRA, MEMBER (JUDICIAL) AND MR. P. M. SALEEM, MEMBER (TECHNICAL) For the Petitioner : Shri Willingdon Christian, Advocate For the Respondent : : Shri Alok Srivastava, AR ORDER PER: P. M. SALEEM M/s Alfino Fashions Pvt Ltd, Shri Bipin Modi Director of Alfino Fashions Pvt Ltd, and M/s Garden Silk Mils Ltd have filed the subject three appeals aggrieved by the impugne....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....clearing the finished goods namely processed yarn, reversed the CENVAT credit availed on the duty paid on the input namely the same processed yarn valued at Rs. 62.25 per Kg., on the ground that there was no further processing of the input and the same was cleared as it is. The case of the Department is that M/s Alfino Fashions Pvt Ltd and M/s Garden Silk Mills Ltd, are functioning from the same p....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r the appellants submits at the outset itself that the appellants are not contesting the duty liability and interest there upon. Their grievance is that no option to pay reduced penalty of 25% under Section 11 AC was given to them, and that penalty on M/s Garden Silk Mils Limited under Rule 25 is not sustainable as the said unit was only a job worker, and that the penalty of Rs. 2 Lakhs on Shri Bi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....propriate. However we find that the option to pay 25% of the equivalent penalty imposed under Section 11 AC was not extended to M/s Alfino Fashions Pvt Ltd., by the lower authorities. As they were rightly eligible for the same, while upholding the imposition of penalty of Rs. 28,00,951/- under Section 11 AC on M/s Alfino Fashions pvt Ltd, we hold that they are eligible for the option of payment of....