TaxTMI 
TaxTMI 
2017 (11) TMI 1241
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....hri K. Veerabhadra Reddy, JC (AR) for the Respondent ORDER Brief facts are that the appellants who are engaged in the manufacture lubricating oil is registered with the Central Excise Department. They are availing CENVAT credit on the inputs namely base oil, carbon black feed stock (CBFS), additives and packing materials used in the manufacture of their finished products. The inputs are sourced ....
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....t by the supplier M/s. CPCL. The transaction value adopted by the appellant for such stock transfers on all the occasions was lesser than the assessable value adopted for payment of duty by the supplier M/s. CPCL. Thus, show cause notice was issued to the appellant alleging violation of provisions of Rule 3(5) of CENVAT Credit Rules, 2004 and raising demand of Rs. 1,20,76,058/- being short-paid du....
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....pellants have no intention to evade demand of duty. Further, that the whole situation is a revenue neutral one, since whatever duty is paid by appellant, the sister units would be able to avail credit. It is also submitted by him that the appellant is contesting only the penalty imposed since duty and interest has been already paid before issuance of the show cause notice. 3. Ld. AR S....
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....ll before issuance of the show cause notice. Section 11(2)(AB) states that no show cause notice shall be issued if the duty along with interest as pointed out by Central Excise officer is paid by the appellant. Further, as pointed out by ld. Counsel for appellant the situation gives rise to a revenue neutral one. The decision laid in Deepak Cables Vs. Commissioner of Central Excise, Puducherry, Fi....