2024 (1) TMI 444

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....023<br>Central Excise<br>Hon'ble Mr. C.J. Mathew, Member (Technical) And Hon'ble Mr. Ajay Sharma, Member (Judicial) For the Appellants : Shri Anuj Shah, Chartered Accountant. For the Respondent : Shri Xavier R Mascarenhas, Superintendent (AR). ORDER PER: C J MATHEW These three appeals of S/Shri Anil K Modani, Suresh A Dalvi and S P Dahiwade are all that survives from among the sever....

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.... set aside the redemption fine and modify penalty under rule 15(3) of CENVAT Credit Rules, 2004. 2. The appeals filed thereafter by the appellants herein, as well as M/s JSW Ispat Steel Ltd, were pending when framework for relief under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 was incorporated in chapter V of Finance Act, 2019. M/s JSW Ispat Steel Ltd preferred application under th....

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....(265) ELT 3 (SC)] precluding any reading down that has the effect of dilution of intent of the statute. 5. We find that the decision in re Indi-Swift Laboratories Ltd, relied upon by the Learned Authorised Representative, was in the specific context of 'conjunctions' employed in rule 14 of CENVAT Credit Rules, 2004 and the consequence thereof for recovery of credit along with interest. Chapter ....

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.... no demand of tax pending in the impugned proceedings. 6. Therefore, to the extent that the impugned order upheld recovery of duties under section 11A of Central Excise Act, 1944 none of the individual appellant herein would have been eligible to be declarant; the scheme itself does not acknowledge the existence of such appellant even though the scheme is intended to erase the detriment of pena....