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2012 (10) TMI 3 - AT - Central ExcisePenalty for wrong availment under Rule 15(1) of Cenvat Credit Rules - Cenvat credit – assessee availed Cenvat credit on the basis of certain invoices twice, which on being pointed out by the audit was reversed – Held that:- It is only for imposition of penalty equal to the wrongly availed Cenvat credit under the provisions of sub-rule (2) of Rule 15 read with Section 11AC of the Central Excise Act, 1944, that the mens rea is required to be proved - imposition of penalty equal to the Cenvat credit demand would not be justified and the same has to be reduced
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