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2014 (5) TMI 450 - CESTAT NEW DELHIPenalty - Notification No. 6/2006-CE - cenvat credit in respect of common inputs - Held that:- Demand along with interest is confirmed, as not contested by the appellant. As regards penalty we agree with the ld. Advocate that this was a bonafide mistake on their part. There was no intention to evade duty inasmuch as the entire facts of availment of cenvat credit in respect of common inputs and clearance of their final products under an exemption notification, were being reflected by them in their monthly returns. As such, the entire facts were with the Revenue and the appellant was also never guided by the Department to reverse the 10% amount. As such, we are of the view that imposition of penalty to the extent of 100% in terms of Rule 15 (1) of Cenvat Credit Rules is not justified. However, inasmuch as there has been a procedural and technical offence, though without any malafide, we deem it fit to put the appellant to some penalty. We accordingly reduce the penalty to 10% of the duty amount. - Decided partly in favour of assessee.
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