2018 (11) TMI 1276

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....egistration Certificate No. ALSPK1828KXM002 are engaged in the manufacture of 'MS Billets' falling under Chapter Heading 72071920 of the Schedule to the Central Excise Tariff Act, 1985 and are availing and utilizing the cenvat credit on inputs and input services for the payment of central excise duty on the goods manufactured and cleared by them. 1.2. During the course of audit of the records of the appellant by the Internal Audit Party of the Department, it was observed that during the period from November 2012 to December 2013, the appellant has wrongly availed cenvat credit amounting to Rs. 1,90,224/- (Rupees One Lakh Ninety Thousand Two Hundred and Twenty Four only) (inclusive of cess) on capital goods more than once in contravention o....

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....ejected the appeal. 2. Heard both the parties and perused the records. 3. Learned consultant appearing for the appellant submitted that the impugned order is not sustainable in law as the same has been passed without properly appreciating the facts and the law. He further submitted that the impugned order upholding the penalty in terms of Section 11AC of the Central Excise Act is not in accordance with law and contrary to the provisions of Central Excise Act and the Rules made thereunder. He further submitted that the appellant had wrongly taken excess cenvat credit of duty of excise amounting to Rs. 1,90,224/- (Rupees One Lakh Ninety Thousand Two Hundred and Twenty Four only) due to some clerical error inasmuch as the appellant had just ....