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2016 (6) TMI 1211 - AT - Central ExciseImposition of penalty - provisions of Rule 57 U(6) of CER, 1944 - Held that: - the appellant having availed the CENVAT credit on the basis of documents received by them from M/s. Simplex Engineering & Foundry Works showing the classification as falling under 8474.90, no malafide can also be attributable to them - penalty imposed upon the appellant is set aside - penalty set aside - appeal allowed - decided in favor of appellant.
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