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2022 (6) TMI 1442 - AT - Central ExciseWaiver of penalty - penalty waiver sought on the ground that there were divergent views and subsequently issue has been settled by the Larger Bench decision in the case of M/S. WIPRO LTD. VERSUS THE COMMISSIONER OF CENTRAL EXCISE BANGALORE-III [2018 (4) TMI 149 - CESTAT BANGALORE] - HELD THAT:- It is found that there were divergent views and the issue finally settled by the Larger Bench in the case of Wipro Ltd. - Moreover, the demand in the present case is within a normal period of one year therefore the provisions of Rule 15(1) is not invokable as there is no suppression of facts, willful misstatement, fraud or collusion etc. on the part of the appellant hence the appellant is not liable to penalty. Accordingly, the demand of Cenvat credit along with interest is maintained and penalty is set-aside. Appeal allowed in part.
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