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2018 (12) TMI 1173 - CESTAT MUMBAIPenalty - CENVAT Credit - common input services for both manufacturing and trading activities - no separate accountal of utilization - rule 6 of CENVAT Credit Rules, 2004 - Held that:- In view of the consistent stand of the Tribunal on the test of evidence for pre-supposing intent to evade duty, the circumstances pertaining to impugned availment of credit of tax paid on input services used for exempted activities, such as trading, in the various decisions cited by Learned Counsel and the specific circumstances in which the High Courts and Hon’ble Supreme Court has enforced the penal provisions, we set aside the penalty imposed in the impugned order - appeal allowed.
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