2017 (3) TMI 1145

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....erein, namely, Shri D H Wadhwani, Deputy General Manager (Stores & Raw Material), Shri Mukesh Dani, Deputy General Manager (Commercial & Logistics) were co-notices with the company M/s Swil Ltd in the SCN was issued to M/s Swil Ltd for recovery of CENVAT credit and proposal for penalty under Rule 15 of CCR, 2004; also personal penalty proposed on the present appellants. On adjudication, the demand was confirmed against M/s Swil Ltd with interest and equal amount of penalty under Rule 15 of CCR, 2004, readwith Section 11 AC of CEA, 1944; personal penalty of Rs. 5,00,000/- imposed on each of the aforesaid appellants under Rule 15 of the CCR, 2004. 3. Ld. Chartered Accountant Shri Gunjan Shah for the appellants has submitted that imposition....

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...., 2004, which reads as under:- "15. Confiscation and penalty. - (1) If any person, takes CENVAT credit in respect of input or capital goods, wrongly or without taking reasonable steps to ensure that appropriate duty on the said input or capital goods has been paid as indicated in the document accompanying the input or capital goods specified in rule 9, or contravenes any of the provisions of these rules in respect of any input or capital goods, then, all such goods shall be liable to confiscation and such person, shall be liable to a penalty not exceeding the duty on the excisable goods in respect of which any contravention has been committed, or ten thousand rupees, whichever is greater. (2) In a case, where (2) the CENVA....