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2018 (1) TMI 527
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....cate, for respondent ORDER This appeal is filed by the Revenue against order-in-appeal No.CD/187/M-II/16 dated 9.3.2016. 2. Heard both sides and perused the records. 3. On perusal of the records, it transpires that the issue is regarding the setting aside of the penalty by the first appellate authority. 4. Briefly stated the respondent herein has availed cenvat credit on various inp....
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....he order that imposed equivalent penalty. Revenue did not file any appeal before the first appellate authority for dropping the demand of interest. 5. Learned departmental representative submits that the first appellate authority has erred in setting aside the penalty only on the finding that there is no mala fide intention as the respondent is a Government of India Undertaking and this issue i....
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.... 7. On careful consideration of the submissions made by both sides, I find that the issue is only regarding imposition of penalty. On perusal of records, I find that the adjudicating authority has imposed penalty under the provisions of Section 11AC of the Central Excise Act, 1944 read with Rule 15(2) of the Cenvat Credit Rules, 2004. It is also noticed from the adjudication order that in para 35....