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2015 (12) TMI 810 - AT - Service TaxPenalty u/s 76 - improper availment of CENVAT Credit - Held that - Show-cause notice to the respondent is not invoking any provisions for imposition of penalties on the assessee for improper availment of CENVAT Credit. Adjudicating authority was correct in not imposing any penalty as there being no invocation of any provisions of imposition of penalties for wrong availment of CENVAT Credit. In our considered view when revenue has not challenged the non-imposition of penalties under relevant provisions; the argument put forth by the learned DR for imposition of penalty under Cenvat Credit Rules 2004 are unsustainable and are rejected out-right. - Decided against Revenue.
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