2023 (4) TMI 868

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....During their audit, the Department observed that certain amount has been shown towards the trading activity in the balance sheet of the appellant for the period 2014-15 to 2016-17 but the appellant was not maintaining the separate accounts. Observing it to be the violation of rule 6 of Cenvat Credit Rules, 2004 (CCR, 2004), that a show cause notice No. 158 dated 05.08.2020 was served upon the appellant proposing the recovery of wrongly availed Cenvat Credit of Rs. 11,39,242/- The appellant had already paid a partial amount of Rs. 1,18,307. Hence the said amount was proposed to be appropriated against the aforesaid demand. Recovery of interest and imposition of penalty was also proposed vide the said show cause notice. Proposal was confirmed....

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.... the appellant. 4. Per-contra, ld. D.R. has relied upon the findings of the Commissioner (Appeals) in para 11 of the order under challenge wherein the adjudicating authority has specifically observed the suppression of fact and contravention of provisions of Central Excise Act as well as Cenvat Credit Rules with an intent to avail inadmissible Cenvat Credit and to thereby evade the payment of duty. Impressing upon no infirmity in those findings appeal is prayed to be dismissed. 5. Having heard the rival contention I observe that the narrow compass of the appeal is the grievance about imposition of penalty hence the merits of the case and the applicability of Rule 6 need no elaborate discussion. I also observe that there is no denial f....

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....d or increased by the Commissioner (Appeals), the Appellate Tribunal or, as the case may be, the Court, then, for the purposes of this section, the duty, as reduced or increased, as the case may be, shall be taken into account: Provided also that in case where the duty determined to be payable is increased by the Commissioner (Appeals), the Appellate Tribunal or, as the case may be, the Court, then, the benefit of reduced penalty under the first proviso shall be available, if the amount of duty so increased, the interest payable thereon and twenty-five per cent. of the consequential increase of penalty have also been paid within thirty days of the communication of the order by which such increase in the duty takes effect. Explanation.-For t....