2016 (5) TMI 997

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....the Respondent : Sri A.Roy, Supt.(AR) ORDER PER SRI H.K.THAKUR 1. This Appeal has been filed by the Appellant with respect to Order-in-Appeal No. 109/BOL/2013 dated 18.12.2013 passed by the Commissioner of Central Excise (Appeals-III), Kolkata as First Appellate Authority. Under this Order-in-Appeal the First Appellate Authority has disallowed Cenvat Credit of Rs. 1,44,669/- along with in....

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....envat Credit was reversed, therefore, penalty imposed is not justified. He relied upon the case law of CCE, Mumbai-II vs. FIAT India Pvt. Ltd.[2009 (92) RLT 481 (CESTAT-Mum) and CCE, Rohtak vs. Surya Vinayak Industries Pvt. Ltd.[2007(215) E.L.T.423 (Tri.-Del.)] 3. Sri A.Roy, Suptd.(AR) appearing on behalf of the Revenue argued that interest on improperly taken credit is chargeable from the date....

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....the department that Appellant has taken credit on Ingot Moulds in the very first year to the extent of 100% when as per Rule-4 of the Cenvat Credit Rules credit was required to be taken in the first year to the extent of 50% of the total credit admissible on capital goods. Appellant paid the excess credit taken but argued that remaining credit of 50% was admissible to them in the next financial ye....

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....ppellant under Rule 15(1) of the Cenvat Credit Rules, 2004. Ld. AR has relied upon the case law of Bharat Sanchar Nigam Ltd. vs. Commissioner of C.Ex., Guntur (Supra) where under similar circumstances it is held that penalty is imposable. It is also observed that there was no ambiguity in the interpretation of the relevant Cenvat Credit Rules that only 50% of the total Cenvat Credit admissible can....