Custom, Excise & Service Tax Tribunal
M/S. Asian Colour Coated Ispat Ltd vs Cce, Delhi-Iii, Gurgaon on 25 June, 2012
CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL,
WEST BLOCK NO.II, R.K. PURAM,
NEW DELHI-110066
COURT NO. II
Central Excise Appeal No. 736/2010-SM
[Arising out of Order-in-Appeal No. 50/MA/ggn/2010 dated 29.1.2010 passed by the Commissioner of Central Excise (Appeals), Delhi-III, Gurgaon]
Date of Hearing/decision: 25th June, 2012
1
Whether Press Reporters may be allowed to see the Order for publication as per Rule 27 of the CESTAT (Procedure) Rules, 1982?
2
Whether it should be released under Rule 27 of the CESTAT (Procedure) Rules, 1982 for publication in any authoritative report or not?
3
Whether Their Lordships wish to see the fair copy of the Order?
4
Whether Order is to be circulated to the Departmental authorities?
M/s. Asian Colour Coated Ispat Ltd., Appellant
Vs.
CCE, Delhi-III, Gurgaon Respondent
Present for the Appellant : Shri R.C. Choudhary, Advocate Present for the Respondent : Shri Sanjay Jain, D.R. Coram: Honble Shri D.N. Panda, Judicial Member;
FINAL ORDER NO. ________________ Per D.N. Panda:
The dispute is on a short point as to whether failure to record inputs on receipt but recorded subsequently shall invite penal consequences under law. Although the inputs were received on 2.11.2008, those were accounted for on redemption as per letter dated 4.8.2010 of Rewari Commissionerate. For the delay made, the appellant suffered redemption fine in adjudication and penalty was also imposed. First Appellate Authority reduced the penalty from Rs. 12,25,162/- to Rs. 2.00 lakhs under Rule 15(1) of Cenvat Credit Rules, 2002.
2. There is no dispute that inputs have been recorded as aforesaid. Those goods remained unaccounted for sometime as stated above. Such circumstance calls for penalty under Rule 15A of Cenvat Credit Rules, 2004. Accordingly, penalty is reduced to Rs. 5,000/-. All other consequences of the adjudication are confirmed.
3. Appeal is partly allowed to the extent indicated above. (Dictated & pronounced in the Open Court.) (D.N. PANDA) JUDICIAL MEMBER RK 2