2017 (11) TMI 1458

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....This appeal has been filed by M/s. Shri Karvir Nivasani Mahalaxmi Ispat P. Ltd. and its partner, Shri J.P. Gandhi against confirmation of demand, interest and imposition of penalty equal to the duty evaded under Rule 15(1) of Cenvat Credit Rules, under Rule 15(2) of the Cenvat Credit Rules read with Section 11AC of the Central Excise Act, Rule 25(1)(a) of Central Excise Rules 2002. The impugned or....

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....esting the imposition of penalty equivalent to the demand of duty imposed on the partner of the firm. He argued that penalty equivalent to duty has been imposed on the firm and in these circumstances; penalty equal to the duty against partner is very high. He pleaded for leniency. 3. He argued that for the same offence, penalty equal to the credit allegedly wrongly taken have been imposed under t....

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....e of M/s. Shri Mahalaxmi Steel Industries in Appeal no.E/86111 & 86292/17, only penalty under Rule 15(2) of Cenvat Credit Rules read with 11AC has been imposed and no other penalty has been imposed on the firm. I find that that is the right approach for single offence, multiple penalties need not be imposed. Penalty under Rule 15(1) of the Cenvat Credit Rules and penalty imposed under Rule 25(1)(a....