2007 (10) TMI 122

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....r of the Commissioner (Appeals) dated 7.6.2007, upholding the order-in-original by which demand of Rs.33,893/- was confirmed and penalty of the like amount imposed. 2. The appellant was engaged in manufacture of VP sugar/molasses and was availing Cenvat credit on inputs and capital goods.  On scrutiny of the record of the appellant, it was found that the appellant had claimed depreciation ....

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.... basis of the material on record, it was found that the appellant did not inform the department about the fact that the cenvat credit on capital goods was utilized, even though the depreciation was claimed simultaneously under the Income Tax Act.  It was held that, only after the Revenue officers had unearthed the facts, which were suppressed, that the notice could be issued.  Therefore,....

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...., was not supported by any evidence, despite  several opportunities being given. Therefore, the Appellate Commissioner has rightly found that there was conscious and deliberate withholding of information by the appellant. 4. The findings reached by the authorities below are based on the material on record and are supported by cogent reasoning warranting no interference on any of the ground....