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2011 (6) TMI 369 - AT - Central ExcisePenalty under Rule 13 - Cenvat credit - Held that - Penalty imposed under Section 11AC meets the ends of justice and there is no need to impose another penalty of Rs.40, 000/- under Rule 13 of the CENVAT Credit Rules 2002 - Accordingly the appeal is partly allowed by setting aside the penalty amount imposed under Rule 13 - The said petition also stands disposed.
The Appellate Tribunal CESTAT, Chennai, in the case citation 2011 (6) TMI 369, heard arguments from both sides. The appellant's counsel referenced a previous Tribunal decision and requested setting aside a penalty under Rule 13 of the CENVAT Credit Rules, 2002. The Tribunal agreed, setting aside the penalty under Rule 13 due to the penalty already imposed under Section 11AC of the Central Excise Act. The appeal was partly allowed, and the case was disposed of accordingly.
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