2018 (10) TMI 466

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....or the Respondent : Shri. R. Subramaniyan, AC (AR) ORDER This appeal is filed by the assessee. When the matter was taken up for hearing, Ld. Advocate appearing for the assessee submitted that the appeal is only against the invocation of larger period of limitation and imposition of penalty and that no challenge is made on the merits of the case. 2. The appellant is a manufacturer of sheet....

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.... relation to which interest and penalty were also levied. The appellant did not meet with success on appeal before the Commissioner (Appeals-II), Chennai and therefore, is in appeal before this forum. 3. Heard Shri. G. Derrick, Ld. Advocate appearing for the assessee and Shri. R. Subramaniyan, Ld. DR appearing for the Revenue. Admittedly, the appeal challenges only the invocation of extended pe....

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....d out, in response to which, they admitted to have reversed the CENVAT Credit in January 2016, and it is never the case of the assessee that the above reversal was at the insistence of the Revenue which was otherwise not correct or improper. 5. Having admitted its mistake and paying duty without any resistance on the one hand, whether the assessee could challenge the same, indirectly, on the gr....

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....been observed by the Bench that it was a fit case wherein interest liability fastened on the appellant and the equivalent amount of penalty imposed under Section 11AC of the Central Excise Act was required to be set aside. I note that since the assessee has not challenged the legality of the duty demand, it is not necessary to give a finding on the invocation of extended period of limitation. This....