2022 (2) TMI 730

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....r the Respondent ORDER In the present appeal the appellant has challenge the imposition of personal penalty of Rs. 2,50,000/- under Rule 15(1) of Cenvat Credit Rules, 2004 read with Rule 26 of Central Excise Rules, 2002.The said penalty was imposed on the ground that the appellant was aware of the Central Excise Provision and therefore, he was involved in availment of wrong credit by the Com....

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....td , Village Silli ,Silvassa, Gujarat. The present appellant was aware of this wrong availment of credit and he was also aware of Cenvat Credit provisions therefore, he was rightly imposed with a penalty under Rule 15(1) of Cenvat Credit Rules, 2004 read with Rules 26 of Central Excise Rules, 2002. 4. I have carefully considered the submission made by Learned Authorised Representative and perus....

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....ssue involved is of interpretation of Cenvat Credit Rules, 2004 for which the company M/s Nitco Ltd, Silli has been demanded the wrongly availed credit and penalty was also imposed. In my view in this nature of case personal penalty cannot be imposed on the employee as the credit was not taken on a forged or invalid document but the only lapse was that the bill of entry was not in the name of the ....