Custom, Excise & Service Tax Tribunal
M/S. Liberty Shoes Limited vs Cce, Panchkula on 30 July, 2012
CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL,
WEST BLOCK NO.II, R.K. PURAM,
NEW DELHI-110066
COURT NO. II
E/Stay/2639/2012 in &
Central Excise Appeal No. 1990 of 2012-SM
[Arising out of Order-in-Appeal No. 152/BK/PKL/2012 dated 30.3.2012 passed by the Commissioner of Central Excise (Appeals), Delhi-III, Gurgaon]
Date of Hearing/decision: 30th July, 2012
M/s. Liberty Shoes Limited Appellant
Vs.
CCE, Panchkula Respondent
Present for the Appellant : Shri R.S. Sharma, Advocate Present for the Respondent : Shri R.K. Mathur, D.R. Coram: Honble Shri D.N. Panda, Judicial Member;
FINAL ORDER NO. ________________ Per D.N. Panda:
Both sides agree to reduce the dispute at the interim stage. Therefore, dispensing requirement of pre-deposit appeal is also disposed by this common order.
2. The goods enumerated in para 21 of adjudication order when claimed as capital goods credit, Revenue was of the view that same should be admissible as input credit. The dispute is on narrow compass. If the appellant gets input credit, learned Counsel says that the dispute shall be reduced. This is acceptable to Revenue. The only difficulty during this period is that there was erroneous claim. But eligibility to credit is not in dispute. Therefore, allowing the appellant to claim Rs. 3,71,941/- as input credit may not be improper in law. That is ordered accordingly.
3. So far as penalty aspect is concerned, for technical breach of law it would be proper to reduce the penalty to Rs. 40,000/- under Rule 15 of Cenvat Credit Rules, 2004. Thus appeal is disposed with direction that the disputed amount of Rs. 3,71,941/- shall be allowed as input credit and penalty shall be reduced to Rs. 40,000/-. Appeal is partly allowed. (Dictated & pronounced in the Open Court.) (D.N. PANDA) JUDICIAL MEMBER RK 2 E/1990/2012-SM