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2009 (10) TMI 767 - AT - Central ExcisePenalty u/r 26 - CENVAT credit - waste generated during the course of manufacture - after the goods were cleared from the factory of IIL, they were diverted to the Viramgam/lndore based Hard Binding wire factories, who were not in the cenvat chain - Held that: - the only ground for enhancing the penalty was that as per Rule 26(2)(i) of the Central Excise Rules, any person issuing excise duty invoice without delivering the goods specified therein or abets in making such invoice is liable to a penalty not exceeding the amount of such benefit or ₹ 5000/-, whichever is greater. At the outset, it was submitted that Rule 26(2) was inserted on 1-3-2007 & the period of dispute in the instant case is from October, 2003 to March, 2004. Hence, penalty cannot be imposed under the provision non-existent during the relevant period - appeal dismissed - decided against Revenue.
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