M/S. CREST CAM CNC SYSTEMS Vs. CCE, BANGALORE

JUDGEMENT

(1.) IN this appeal filed by the assessee, there is a serious contest against the penalties imposed on them by the lower authorities. A break -up of the demand of duty confirmed against the assessee is as follows: -

(2.) THE demand of interest on duty was made under Section 11AB of the Central Excise Act and the demand of interest on the CENVAT credit amount was made under Rule 14 of the CENVAT Credit Rules, 2004.

(3.) THE above decision of the original authority was rendered in adjudication of show -cause notice dt. 21/7/2009 wherein, for the purpose of invoking the penal provisions against the assessee, it had been alleged that they had mis -represented certain fact in the monthly returns. To be precise, the fact which was allegedly mis -represented by the assessee was that payment of duty by debit in CENVAT credit account was indicated in the returns as payment of duty from the account current.