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2017 (2) TMI 1170 - AT - Central ExciseCENVAT credit - penalty on the ground that the appellant had wrongly reversed 8%/10% on the value of intermediate exempted product i.e. Ether Solvent Tech and not on the value final exempted product i.e. Ether Anaesthetics IP/BP - whether penalty of ₹ 1,00,000/- confirmed under Rule 15 of CCR 2004 is justified when the amount has already been paid and not disputed - Held that: - in absence of any suppression mis-declaration, misstatements, etc. when penalty u/s 11AC of CEA,1944 on the appellant is set aside, and no sub-rule u/r 15 of CCR, 2004 is specified in confirming penalty, penalty imposed under the said Rule cannot be sustained - Further, in absence of any other penal provision invoked in the SCN and imposed on the appellant in the impugned Orders, penalty cannot be imposed on the appellant. Appeal allowed - decided in favor of appellant.
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