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2015 (10) TMI 1034 - AT - Central ExciseImposition of penalty - Reversal of CENVAT Credit - cenvat credit on the inputs LDO was not received in their factory but diverted to sister unit - Held that:- It is evident that the adjudicating authority has dropped the entire proceedings, it is only on appeal by the Revenue, the Commissioner (Appeals) has restored the demand of ₹ 4,59,611/- for the first time. Therefore, the LAA has rightly held that the respondents are eligible for reduced penalty within 30 days. Therefore, I do not find any infirmity in the order and the above facts are supported by the decision of the Hon'ble High Court of Gujarat in the case of Rita Dyeing & Printing Mills Pvt. Ltd. (2012 (10) TMI 501 - GUJARAT HIGH COURT ). The demand confirmed for the first time by the Commissioner (Appeals). Therefore I do not find any merit Revenue appeal. - Decided against Revenue.
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