2018 (10) TMI 1269

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....nt for respondent ORDER This appeal is directed against the impugned order dated 27/11/2017 passed by the Commissioner of Central Excise (Appeals), Pune. Vide the impugned order, Learned Commissioner (Appeals) has upheld the penalty imposed in the adjudication order under Rule 15 (2) of the CENVAT Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944. 2. The Learned Ad....

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.... Mercantiles Ltd. [2005 (119) ELT 11 (Bom.)] 3. On the other hand, Learned AR appearing for Revenue, reiterates the findings recorded in the impugned order and further submits that since irregularly availed CENVAT credit was reversed subsequent to the objection raised by the audit wing of the department, the appellant is exposed to the penal consequences provide in the statute. He has relied on....

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....lant had reversed the CENVAT Credit before issuance of the show cause notice. On perusal of the audit report no. 803/2013-14 dated 22/04/2014, I find that the audit officers had not specifically alleged regarding the involvement of the appellant in the activities of fraud, collusion, suppression etc., in defrauding the Government revenue. Thus, under such circumstances, the provisions of sub-rule ....