COMMISSIONER OF C. EX. Vs. SHELLYA PLASTICS PVT. LTD.

JUDGEMENT

(1.) The revenue has preferred this appeal challenging the order passesd by the Tribunal, which has deleted that portion of the orders of the authorities where the penalty is imposed under Rule 57U.

(2.) The assessee had taken eligible Cenvat credit on the capital goods. At the time of removal of the capital goods the assesseee had done so without payment of proper duty. when pointed out the assessee agreed to the fact of non-payment of duty and had paid the duty.the assessing authority appropriated the amount paid by the assessee and imposed penalty under rules 77U and 173Q of the Central Excise Rules, 1944.

(3.) Assessee is not cheallenging the imposition of penalty under Rule 173Q, He is Challenging the imposition of penalty only under Rule 57U. Rule 57U (6) provides "where the credit of duty paid on capital goods has been taken wrongly by reason of fraud will ful mis-statement, collysion or suppression of facts or contravention of any of the provisions of the act or the rules made there under, with intend to evade payment of duty, then the said provision is attractd as rightly pointed out by the Tribunal.