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2013 (2) TMI 198 - AT - Central ExcisePenalty under section 11AC - CENVAT credit on the input Services viz. G.T.A. Service being reversed on being pointed out by Audit - Held that:- Penalty under Section 11AC, as the word suggests, is punishment for an act of deliberate deception by the assessee with the intent to evade duty by adopting any of the means mentioned in the section. Therefore, mis-declaration, suppression of facts etc. with intent to evade payment duty is a sina qua non for invoking penal provision under section 11AC as decided in Rajasthan Spinning & Weaving Mills case [2009 (5) TMI 15 - SUPREME COURT OF INDIA] As in the present case, no suppression or misstatement or mis-declaration on the part of the appellant,there is no suppression of fact as the entire amount of CENVAT Credit received and utilized both for traded as well as manufactured goods were duly accounted for in the CENVAT Credit register and the CENVAT Credit availed on the input services, were duly reflected in their monthly returns filed with the department. T brought out in the impugned Orders of the lower authorities, therefore penalty under section 11AC cannot be justified - in favour of assessee.
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