2018 (2) TMI 547

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....vocate For Respondent(s): Shri A Mishra, Authorised Representative ORDER Per: Mr Ashok Jindal, The appellants are in appeal against the impugned order wherein Cenvat Credit has been denied on the main appellant and the penalty and on the second appellant has been imposed. 2. The brief facts of the case are that the main appellant viz., M/s Atlas Pharmachem Industries Pvt Ltd is a ma....

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.... mentioned in the invoice on the strength of which they have taken the Cenvat Credit and it is the fact that they have received the goods. Therefore, in terms of Rule 3 of Cenvat Credit Rules, 2004, the Cenvat Credit cannot be denied to them. He further submits that as it is a fact that the goods received by them are duty paid on which they have paid duty on the said goods and have been cleared on....

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....t the grounds taken before this Tribunal has not been addressed before the authorities below therefore the authorities below could not comment on the said stand. 6. Heard both sides and considered the submissions. 7. The grounds raised before me by both the Counsel for the appellants are legal in nature therefore the same can be addressed before me although not contested before the authoriti....

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....alty is impossible on the main appellant further, goods are not liable to confiscation and no redemption fine is imposable. 8. With regard to the penalty imposed on the co-appellant company, I find that the co-appellant has misinterpreted himself as the second stage dealer whereas the co-appellant has the third stage dealer but, the payment of duty has not been disputed. Therefore, penalty unde....