2018 (11) TMI 1378

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....) the Respondent (s) ORDER Per Shri P.K. Choudhary This appeal is listed for admission today. After hearing both sides and despite the amount involved in this case being less than Rs. 2.00 lakhs, the appellant intends to contest the issue on merit, which is admitted and since the issue lies in a narrow compass, with the consent of both sides the same is taken up for disposal. 2. The ap....

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....28,032/- alongwith interest and imposed penalty of equal amount under Rule 15(2) of the Cenvat Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944. On appeal, the ld. Commissioner (Appeals) upheld the adjudication order to the extent of demand of duty and interest. He reduced the imposition of penalty to 50% of the duty amount confirmed i.e. 1,14,016 (50% of Rs. 2,28,032/-). ....

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....her submits that they have also deposited the entire demand of their admitted liability i.e. Rs. 1,55,768/- by reversing their cenvat account vide entry Sl.No.1/4 dated 30.05.2013 and deposited the liability of interest of Rs. 40,217/- and 50% of the penalty of Rs. 77,885/- vide GAR-7 Challan No.00166 dt. 30.05.2013. Ld. Consultant cited various decisions where it was held that penalty is not impo....

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....nvat credit is available only upto the place of removal. In view of the aforesaid decision, the demand of duty alongwith interest is upheld and since the dispute relates to interpretation of statutory provisions and there were diverse decisions of various High Courts and the matter has recently been stayed at rest by the Hon'ble Supreme Court, the imposition of penalty in the present case is not w....