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2011 (7) TMI 338 - AT - Central ExcisePenalty - Rule 13 of Cenvat Credit Rules, 2002, read with Section 11AC - Cenvat credit - fake invoices - the respondent has not made any effort to confirm the existence of supplier of goods and the person who issued/generated/prepared the invoices to verify the correctness of duty amount on the basis of which they availed the credit - The respondents never disclosed this fact but suppressed it - Therefore, the penalty to be imposed under Rule 15(2) as invoked in the show cause notice - Rule 15(2) is in pari-materia with Erstwhile Rule 57(1)(4) of the modvat scheme - Therefore order the restoration of penalty imposed by the original adjudicating authority as per para 2 of his order imposing penalty equivalent to the credit or by option avail benefit of 25% of penalty if they pay up the duty demanded along with the interest and the reduced penalty within 30 days - The Revenue s appeal is upheld accordingly.
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