2018 (3) TMI 1840

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.... ORDER Per Shri P. K. Choudhary : This is an appeal filed by the Appellant against Order-in-Appeal No.140/Kol-IV/2016-17 dated 06.02.2017 passed by Commr. (Appeals) of Central Excise, Kolkata. 2. Briefly stated the facts of the case are that the appellant is engaged in the manufacture of cold rolling of thick stainless steel sheets, slitting in small sizes, making stainless pipes, etc. classi....

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....l amount of cenvat on the appellant company and also imposed a penalty on Sh. Dilip Kr. Chowdhury, Managing Director of the appellant company. It has also appropriated an amount of Rs. 16,97,947/-. 3. By the impugned order, the Commissioner (Appeals) partly allowed the appeal of the appellant company except the part relating to appropriation of amount already reversed by the appellant, which nee....

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....see. However, since in the instant case, the appellant had reversed the credit, interest cannot be levied. I find force in the submission of the ld.Counsel. 6. The ld. Counsel vehemently argued that there is no suppression of fact with intent to evade payment of duty and therefore, imposition of penalty under section 11AC of the CE Act, 1944 is not warranted. On perusal of the impugned order, I ....