2019 (3) TMI 1419

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.... matter of availment of wrong Cenvat Credit by M/s. Magma Industries, Vasai (East). It was observed that the said party had availed Cenvat Credit on the strength of the invoices issued by M/s. Shah Foils Ltd., without receipt and use of the inputs for intended purpose in the factory premises. Accordingly, show cause proceedings were initiated against the M/s. Magma Industries for recovery of wrongly availed Cenvat Credit and for imposition of penalty. Further, show cause proceedings were also initiated against various persons, including the appellant herein for imposition of penalty under Rule 26(1) of the Central Excise Rules, 2002. The matter was adjudicated by order dated 09.12.2016, wherein Cenvat demand was confirmed on Magma Industrie....

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....nd further submitted that since the appellant had played active role in fraudulent availment of Cenvat Credit, imposition of equal amount of penalty is justified and in conformity with the statutory provisions. She has relied on the judgment of Hon'ble Supreme Court in the case of Prakash metal Works vs. Collector of C.Ex., Ahmedabad, 2007 (216) E.L.T. 660 (S.C.) and the judgment of the Hon'ble Punjab & Haryana High Court in the case of Kay Iron Works (Jorian) Pvt. Ltd. Vs. Commr. of C.Ex. Delhi-IV, 2018 (359) E.L.T. 110 (P&H) to state that the benefit of reduced amount of penalty should not be available to the appellant. 5. Heard both sides and perused the records. 6. It is an admitted fact on record that without receipt of the subje....