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2015 (10) TMI 1813 - AT - Central ExciseDenial of CENVAT Credit - GTA Service - Held that:- Appellant failed to produce any evidence that the goods were delivered on FOR basis and therefore, they are not eligible to avail CENVAT Credit of G.T.A. services, and denial of CENVAT Credit is justified. In my considered view, it is not the case of imposition of penalty of equal amount of duty as there is no suppression of fact with intent to evade payment of duty etc. Further, there were contrary views of various Benches of the Tribunal. So, the imposition of penalty under Section 11AC of Central Excise Act 1944 is unwarranted. So, the quantum of penalty is liable to be reduced. - Decided partly in favour of assessee.
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