2016 (11) TMI 422

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....al is directed against Order-in- Appeal No. SB(41) 41/M.V./2010 dtd. 28/4/2010 passed by the Commissioner(Appeals), Central Excise, Mumbai Zone-I wherein Ld. Commissioner upheld the Order-in-Original dated 31/10/2008 and rejected the appeal of the appellant. 2. The fact of the case is that the appellant have availed Cenvat credit in respect of capital goods on which they also have claimed depreci....

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....al goods, amounting to Rs. 54206/-(Rupees Fifty Four thousand two hundred six only) under Rule 15(2) of Cenvat Credit Rules, 2004 read with Section 11AC of Central Excise Act, 1944. 4) I impose penalty of Rs. 459357/- (Rupees four lakhs fifty nine thousand three hundred fifty seven only) on M/s. Vishesh Enterprises under Rule 15(2) of Cenvat Credit Rules, 2004 read with Section 11AC of Central Ex....

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.... claim of the appellant that they have reversed the depreciation does not hold water for the reason that once the depreciation has been claimed, the Cenvat Credit is not admissible in terms of Rule 4(4) of CCR, 2004. 5. I have carefully considered the submission made by Ld. A.R. and perused the record. 6. I find that limited issue involved in the case is that whether the appellant is entitled fo....

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....sition of penalty, I find that not only in the show cause notice but in the Adjudication order also demand confirmed under Section 11A for an amount of Rs. 7,091/- whereas penalty under Section 11AC was imposed for an amount of Rs. 4,49,357/-. Penalty under Section 11AC can only be imposed when the duty demand is determined under Section 11A(1). In the present case the duty determined under Sectio....