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2015 (10) TMI 1366 - AT - Central ExciseFraudulent Duty drawback - Availment of inadmissible Cenvat Credit - penalty under Rue 26 of the Central Excise Rules - Held that:- penalty is imposable under Rule 26 during the relevant period if any person who acquires the possession or not or is in any way concerned transporting removing, depositing, keeping, concealing, selling or purchasing or in any manner deals with excisable goods, as in this case the allegation against the appellant is that the appellant has issued only invoices not supplied the excisable goods to M/s. Pawan Jain & Sons to avail inadmissible Cenvat Credit. Therefore, from the facts, it is clear that appellant has not dealt with excisable goods for availment of inadmissible Cenvat Credit by M/s. Pawan Jain & Sons and merely issued invoices. The provision for the person issuing invoices without supply of goods have come into force for imposition of penalty under Rule 26 has come into force w.e.f. 01.03.2007 and the said provision was not instituted during the relevant period. Therefore, I hold that appellants have not dealt with excisable goods. Therefore, penalty under Rule 26 is not imposable on appellants. - Decision in the case of Duggar Fiber Ltd. [2015 (9) TMI 246 - CESTAT NEW DELHI] followed - Decided in favour of assessee.
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