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2015 (9) TMI 1147 - AT - Central ExciseAvailment of CENVAT Credit - fraudulent passing of CENVAT Credit to different buyers - Held that:- Appellant admitted that they have wrongly availed CENVAT credit on the basis of invoices without receipt of the goods, and, therefore, imposition of penalty of equal amount of duty, under Section 11AC of Central Excise Act, 1944 is warranted. Regarding the imposition of penalty on the Appellant No.2, the learned Advocate submitted that the Appellant No.2 appeared before the Central Excise Officers and supplied the documents time to time. They had paid duty at the instance of the officers. There is no material available, he had knowledge of the alleged irregularity. We have already stated above that the denial of CENVAT credit on inputs availed on the basis of invoices showing Auto Rickshaw is justified and therefore, the imposition of penalty on the Appellant No.2 is required to be re-examined. - demand of CENVAT Credit alongwith interest and penalties on the Appellant Company to the extent of CENVAT Credit availed on the basis of invoices as mentioned in the Annexure I to the Show Cause Notice, other than vehicle numbers mentioned Auto Rickshaws, are set aside - Matter remanded back - Decided partly in favour of assessee.
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