2024 (3) TMI 634

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....CAL) Shri Indranil Banerjee, Advocate Assisted by Smt. Ankita Mitra, Advocate for the Appellant Shri B.K. Singh, Authorized Representative for the Respondent ORDER Order : [Per Shri Ashok Jindal] The appellant is in appeal against the impugned order disputing the penalty imposed on them under Rule 15(2) of the CENVAT Credit Rules, 2004 read with Section 11AC of the Central Excise Ac....

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....ng any proper Central Excise duty paid invoices and no goods ever moved under these invoices. With regard to the invoices issued by M/s. Shri Hanuman Trading Company, it was stated that he had no idea about the same and that the invoices issued by the said dealer were received along with the goods sent by the said dealer; he had no idea about these at the time of taking credit; he came to know abo....

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....of penalty by the ld. adjudicating authority under Rule 15(2) of the CENVAT Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944, the Revenue filed an appeal before the Ld. Commissioner (Appeals) whereafter the appeal came to be allowed and a penalty of Rs.32,65,803/- under Rule 15(2) of the CENVAT Credit Rules, 2004 read with Section 11AC of the Act came to be imposed on the ....

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....at in the case of Juhi Alloys Ltd. (supra), the issue before the Hon'ble High Court of Allahabad was the availment of CENVAT Credit to the manufacturer whereas the invoices had been issued by the registered dealer which were found to be fake. Therefore, it was held that CENVAT Credit could not be denied. 7.1 Further, in the case of Rajan Engineering Works (supra). The demand in the said case wa....