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2015 (11) TMI 517 - AT - Central ExcisePenalty u/s 11AC - Non reversal of CENVAT Credit - Held that:- No allegation has been made out bringing out the facts of suppression, mis-declaration etc. On the contrary, it is acknowledged that soon after the mistakes were pointed out, the appellant had voluntarily discharged the deficit amount along with interest. - mere payment of amount outstanding dues, would not absolve the appellant from imposition of penalty but failed to discuss the circumstances under which the appellant could be said to have suppressed the facts warranting imposition of penalty under Section 11AC of CEA,1944 and Rule 15 of CCR,2004. The Ld. Commissioner(Appeals) observation that had the department not pointed out the discrepancy the deficit amount would not have been paid, is an inference not supported by allegation in the notice nor any evidence leading to the conclusion that the Appellant had suppressed the facts. In these circumstances, penalty imposed under Section 11AC of the Central Excise Act read with Rule 15 of CCR,2004 is unsustainable. Consequently, the impugned Order-in-Appeal is set aside - Decide din favour of assessee.
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