TaxTMI 
TaxTMI 
2019 (1) TMI 1042
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....ondent ORDER Per: C J Mathew We are compelled to observe that a simple dispute of imposition of penalty under section 78 of Finance Act, 1994 has been wantonly complicated by the unconscionable exercise of jurisdiction by the adjudicating authority in the impugned proceedings. Appellant, M/s Veena Industries Ltd, provider of 'management, maintenance and repair service' and 'erection, commiss....
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....ent balance during the relevant months, proceedings were initiated by notice of 1st January 2014 for recovery of the tax, along with appropriate interest, and for imposition of penalty under section 78 of Finance Act, 1994. 3. The notice, and impugned order-in-original no. PUN-EXCUS- 001-COM-014-14-15 dated 9th July 2014 of Commissioner of Central Excise, Pune-I, have erred in their premise as Ce....
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....e 2014, without the pre4 requisite of notice and during the adjudication proceedings, even though the adjudicating authority was aware even upon issue of notice that appellant had taken recourse to CENVAT credit for discharge of substantial portion of the arrears. 4. In its grounds of appeal against the impugned order, M/s Veena Industries Ltd primarily challenge the denial of CENVAT credit avail....
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....ble to appellate jurisdiction on the merit of liability. 5. The next issue that arises is whether the appellant is liable to be imposed with penalty under section 78 of Finance Act, 1994. From the manner in which the adjudicating authority has arrived at its conclusions, we are unable to ascertain if the ingredients of section 78 are apparent in the matter of inadequacy of credit or in the failur....