2017 (4) TMI 275

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he Respondent. ORDER The only challenge in the present appeal is to imposition of penalty of Rs. 73,559/- imposed upon the appellant in terms of Rule 15(2) of Cenvat Credit Rules, 2004 read with Section 11AC of Central Excise Act, 1944. 2. It is seen that during the periods 2008-09 and 2009-10, the appellant availed the Cenvat credit of Rs. 73,559/- without first making the payment for the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... they have already paid the interest for such premature availment. 4. After hearing ld. DR, I find that there is no dispute about the fact that the appellant was entitled to the Cenvat credit on various input services. In terms of the provisions of Rule 4(7) of Cenvat Credit Rules, 2004, such credit can be availed only after making payment for the value of the input services. However, during....