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2013 (10) TMI 56 - HC - Central ExcisePenalty Set Aside - Whether the Tribunal had committed substantial error in setting aside penalty imposed under Rule 13 of the Cenvat Credit Rules – Held that:- Merely because the addresses of the firms which received the challans were incomplete or not found, the inference on the part of the Revenue authorities that they were not in existence was not justified - It was observed that the assessee was maintaining a lot register and the entries were on record indicating the payments received from the merchant-manufacturers - Those entries were acceptable and not required to be doubted as the payment was by account payee cheques - Those merchants were found to have filed return of income also - The Commissioner (Appeals) could not have held against the assessee citing a ground only that the assessee had not maintained production record in particular form. Whether the challans were of non-existent firms or not was a question which was to be determined on the basis of material in that regard - The Tribunal has on consideration of relevant material and by drawing conclusions therefrom held against the Revenue - They are the findings based on appreciation of facts and material - We are in agreement with the findings recorded by the Tribunal - The findings being factual and the Tribunal being a final fact finding authority, no substantial questions of law arises for consideration and the order is not liable to be interfered with – Decided against the revenue.
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