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2016 (6) TMI 1217 - CESTAT MUMBAIPenalty - wrong availment of CENVAT credit on capital goods - Rule 4(2) (a) of CCR - Held that: - appellant's bona-fides are strengthened by the fact that as soon as the audit pointed out the short levy, they paid differential duty along with interest before issuance of SCN - there does not appear to be any deliberate suppression by the assessee with intent to evade duty, hence, the penalty under Rule 15(2) of Cenvat Credit Rules, 2004 is not justified - appeal allowed - decided in favor of appellant.
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