COMMISSIONER OF C. EX. Vs. INDIA PISTONS LTD.

JUDGEMENT

(1.) Aggrieved by the order of the Tribunal in dismissing the appeal filed by it, the appellant/Revenue is before this Court by filing the present appeal. This Court, vide order dated 23-12-2010, while admitting the appeal, framed the following substantial questions of law for consideration:--

(2.) On verification, certain discrepancies were found by the department in the availment of Cenvat credit by the assessee and, therefore, a show cause notice was issued on the assessee and after adjudication, demand was made for a sum of Rs. 1,43,045/- being the excess ineligible Cenvat credit availed by the assessee for the period from September, 2004 to September, 2005 along with interest and penalty. After adjudication, the demand of Rs. 1,43,045/- was confirmed and interest under Section 11AB of the Central Excise Act was levied along with penalty of Rs. 15,000/- under Rule 25 of the Central Excise Rules, 2002 and further penalty of Rs. 1,43,045/- under Rule 15(2) of the Cenvat Credit Rules read with Section 11AC of the Central Excise Act.

(3.) Aggrieved against the said order, the assessee preferred appeal to the Commissioner (Appeals), who set aside the order of the adjudicating authority against which the Department moved the Tribunal by filing an appeal. The Tribunal, by a cryptic order, dismissed the appeal filed by the Department against which the present appeal has been preferred by the Department.