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2013 (11) TMI 1220 - CESTAT MUMBAIInvocation of Rule 8 of the Central Excise Rules, 2002 - Cenvat credit wrongly taken – Credit reversed by the assessee when came to know about the wrong availment –Held that:- The appellant paid the duty through by wrongly utilising the Cenvat Credit earned in the month of April 2007 - This error on the part of the appellant was noticed by himself and made good in April 2008 along with interest and thereafter, the appellant intimated to the department after rectifying the error committed - it cannot be said that the appellant deliberately defaulted in payment of excise duty - the appellant wrongly availed the Cenvat Credit payment of duty under Rule 14 of the Cenvat Credit Rules provides for recovery of Credit wrongly taken or utilized - the appellant has reversed the credit and made good the wrongly availed credit along with interest thereon. - the provisions of Rule 8 of the Central Excise Rules, 2002 are not at all attracted - the confirmation of duty demand under Rule 8 is not sustainable in law – the assessee has made good the wrongly availed Cenvat Credit along with interest, imposition of penalty is totally unwarranted - For the contravention of the Cenvat Credit Rules, 2004 the penalty as provided under Rule 15(3) of the Cenvat Credit Rules should suffice – Decided partly in favour of Assessee.
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