SANGEET LODHA, J. - (1.) This appeal is directed against order dated 14-10-2013 passed by the Customs, Excise and Service Tax Appellate Tribunal, Principal Bench, New Delhi ('the Appellate Tribunal') whereby an appeal preferred by the appellant against the order dated 14-12-2012 passed by the Commissioner of Central Excise (Appeals) [CCE (A)], Jaipur-II, has been dismissed.
(2.) The relevant facts are that the appellant-assessee removed the goods valuing at Rs. 84,40,721/- involving Central Excise duty of Rs. 12,94,584/-, without reversing the amount of Cenvat credit. The Additional Commissioner found that there is blatant contravention of Rule 3(5) read with Section 3(4)(c) of Cenvat Credit Rules, 2004 ('the Rules of 2004') and accordingly, vide order dated 30-12-2010, while determining the liability towards excise duty of Rs. 12,94,584/-, imposed penalty of Rs. 12,94,584/- on the assessee in terms of provisions of Rule 15 of the Rules of 2004 read with Section 78 of the Finance Act, 1994. The order was upheld by the CCE (A), vide order dated 12/14-12-2012.
(3.) Aggrieved thereby, the appellant preferred an appeal before the Appellate Tribunal, accompanied by an application seeking stay on the demand. The stay petition preferred by the appellant was dismissed by the Appellate Tribunal for non-prosecution and the appellant was directed to discharge the assessed liability pursuant to the adjudication order dated 30-12-2010, confirmed by the appellate order dated 12/14-12-2012, within four weeks.;