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2016 (4) TMI 684 - AT - Central ExciseImposition of penalties - Reversal of Cenvat credit - Rule 6(3A) of the CCR 2004 - CA certificate furnished by appellant - Held that:- the appellant has now furnished C.A. certificates with respect to the CENVAT Credit required to be reversed under the provisions of Rule 6(3A) ibid. In the interest of justice, the order passed by the first appellate authority is set aside and the matter is remanded back to the adjudicating authority for verifying the CENVAT Credit reversed by the appellant under the provisions of Rule 6(3A) ibid. If there is any short payment as accepted by the appellant then the same should be reversed/paid back alongwith interest. However, no malafide can be attributed on the part of the appellant as reversal of CENVAT Credit as per the provisions of Rule 6(3A)ibid is only a calculation exercise for which penalties are not imposable. Accordingly, the penalties imposed are set aside. - Appeal allowed by way of remand
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