2022 (10) TMI 193

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....ted 01.03.2011. Further, Rule 3(4) read with proviso of Cenvat Credit Rules, 2004 provides that cenvat credit shall not be utilised for payment of any duty of excise on goods, in respect of which the benefit of exemption under Notification No. 1/2011-CE is availed (proviso inserted vide Notification No. 3/2011-CE dated 01.03.2022). 2. The appellant also cleared goods of their own brand name to other buyers @ 6% under Notification No. 2/2011-CE. 3. During the scrutiny of ER-1 returns for the period April, 2016 to February, 2017, Revenue noticed that appellant have discharged Central Excise duty to the tune of Rs. 27,70,480/- from cenvat credit account, on clearance of excisable goods availing benefit of Notification No. 1/2011-CE, inst....

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....016 to February, 2017 through account current / cash and the same is recoverable under Section 11A read with Rule 8 of Central Excise Rules, 2002. Further, penalty was also proposed under Section 11AC read with Rule 25 of Central Excise Rules. 5. The show cause notice was adjudicated on contest and the proposed amount of duty was demanded to be deposited in cash alongwith interest. Further, equal penalty was imposed under Section 11AC read with Rule 25 of Central Excise Rules. 6. Being aggrieved, the appellant preferred appeal before the Commissioner (Appeals), which has been rejected by the impugned order-in-appeal dated 18.05.2020. Being aggrieved, the appellant is before this Tribunal. 7. Ms. Priyanka Goel, ld. Advocate appearin....

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.... Ms. Tamanna Alam appearing for the Revenue relies on the impugned order. 10. Having considered the rival contentions, I find that the limitation under Section 11A(1)(a) was one year, which was substituted for two years w.e.f. 14.05.2016. I further find that the appellant have filed their returns (form ER-1) from time to time and have made proper disclosure of their clearances and mode of payment of duty. I further find that admittedly appellant have not taken cenvat credit on inputs utilised for clearance of finished product under Notification No. 01/2011-CE. As GST regime have been implemented w.e.f. 01.07.2017, the accumulated cenvat credit with the appellant -assessee was available for transmission to GST regime as on 30.06.2017. In ....