2018 (6) TMI 41

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ed under Section 4(A) of the Central Excise Act, 1944; they filed CENVAT credit during the period September, 2014 to November, 2014 availed credit on the invoices issued by the vendors for the period February, 2014 to April, 2014. The said credit was challenged by the Revenue on the ground that subsequent issuance of Notification No. 21/2014 dated 11.07.2014, CENVAT credit can be availed only on the invoices issued after 01.09.2014 within six months and not for the invoices prior to that, show cause notice dated 23.09.2015 was issued for the recovery of the said credit availed by them. During the proceedings, appellant reversed the CENVAT credit availed along with interest on 28.04.2016 and informed the Department by letter dated 02.05.2016....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....issued Order-in-Original and the same was received by post 07.07.2017 and they have paid 25% of the amount as within 30 days receiving of the order. 5. Learned Departmental Representative reiterates the findings of the lower authorities. 6. On careful consideration of the submissions made by both sides, I find that the issue is regarding whether reduced penalty to the tune of 25% as per section 11AC (1)(b) of Central Excise Act, 1944, is allowed to be paid by the appellant herein or otherwise. 7. Appellant herein had discharged the entire disputed CENVAT credit along with interest on 13.04.2016 and 28.04.2016 after show cause notice was issued on 23.09.2015. The Adjudicating Authority imposed penalty of Rs. 1,53,273/- which is 10% of the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ows: (a) Where any duty of excise has not been levied or paid or has been short-levied or short-paid or erroneously refunded, for any reason other than the reason of fraud or collusion or any willful mis-statement or suppression of facts or contravention of any of the provisions of the Act or of the rules made thereunder with intent to evade payment of duty, the person who is liable to pay duty as determined under sub-section (10) of Section 11A shall also be liable to pay a penalty not exceeding ten per cent of the duty so determined or rupees five thousand, whichever is higher: Provided that where such duty and interest payable under section 11AA is paid either before the issue of show cause notice or within thirty days of issue of ....