TaxTMI 
TaxTMI 
2022 (7) TMI 713
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.... that appellant being a transporter transported the goods in respect of which the company M/s. Taha wires has availed the alleged fraudulent credit without receipt of goods and against M/s Taha Wires demand of Cenvat Credit was confirmed. Though M/s. Taha wires has filed appeal before this Tribunal under Excise Appeal No. 1274 of 2011-DB but the same has been dismissed as withdrawn vide Tribunal's....
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....raudulent credit was passed on. 4. I have carefully considered the submission made by Learned AR and perused the records. I find that the penalty under Rule 26 was imposed upon the appellant for an amount of Rs. 3 Lakh on the alleged charge that the appellant being transporter has issued an incorrect LR knowingly showing the destination Daman/Silvassa but the goods were delivered at Bhiwandi. I f....
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....ear that only those goods which are liable for confiscation the transporter dealing with such goods are liable for penalty under Rule 26. In the present case the goods were duty paid therefore even though the transporter has made wrong LR the case does not fall under Rule 26 at the relevant time. The duty paid goods are not liable for confiscation. I find that it is pertinent to read amended Rule ....
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....or has taken any ineligible benefit under the Act or the rules made there under like claiming of CENVAT credit under the CENVAT Credit Rules, 2004 or refund, shall be liable to a penalty not exceeding the amount of such benefit or five thousand rupees, whichever is greater. From the plain reading of the above amended rule 26 it is clear that the appellant's offence falls under Rule 26 (2)(ii) of ....