2022 (12) TMI 349

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.... Sh. Ishwar Charan, Authorised Representative for the respondent ORDER The issue in this appeal is regarding imposition of equal amount of penalty of Rs.2,07,598/- under Rule 15(2) of Cenvat Credit Rules, 2004 read with Section 11AC of the Central Excise Act. 2. Brief facts of the case are that the appellant is a manufacturer of automobile / two wheeler. They have availed cenvat credit....

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....eposited 15% penalty amounting to Rs.31,140/- on this amount vide challan dated 07.04.2016. 3. Subsequently, Revenue issued show cause notice dated 29.03.2017 proposing to disallow the total amount of Rs.17,89,714/- including the amount of Rs. 2,07,598/-, which was not contested already reversed, with further proposal to appropriate the amount already reversed Rs.2,07,598/- and further proposed....

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....t contested by the appellant right from the audit objection, still penalty under Rule 15 read with Section 11AC was imposed. The appellant is aggrieved against the imposition of equal amount of penalty of Rs.2,07,598/- and hence preferred the present appeal. 5. Learned Counsel appearing for the appellant have taken me through the appeal record and have demonstrated that they have not contested ....

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....period so specified, and all proceedings in respect of the said duty, interest and penalty shall be deemed to be concluded. Accordingly, he prays for allowing of the appeal with consequential relief. 6. Learned Authorised Representative appearing for the Revenue, relies on the findings of the Commissioner (Appeals) in the impugned order. 7. Having considered the rival contentions, I find tha....