NILACHAL IRON & POWER LTD. Vs. CESTAT

JUDGEMENT

(1.) No one has appeared to oppose this writ application in spite of notice. It appears that a copy of the writ application was duly served on the respondent no.2 on 19th July, 2012. The other respondents have also been served. The writ application was called on, earlier, on several occasions. No one, however, appeared on behalf of the Respondents.

(2.) A show cause notice, being C.No. V(72)(15)55/APP/ADJ/JSR/ 07/7947 dated 31st September, 2007, was issued to the petitioner inter alia alleging that the petitioner had irregularly availed CENVAT Credit of Rs.62,20,990/- during the period from July 2005 to December 2005, the benefit of which had been passed on to Tata Steel Ltd.

(3.) By an order of adjudication dated 2nd January, 2009, the Commissioner of Excise imposed on the petitioner a penalty of Rs.62,20,990/- under Rule 26(2) of the Central Excise Rules 2002 for willfully passing on benefit of credit of CENVAT to M/s. Tata Steel Ltd., Jamshedpur.