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2017 (3) TMI 918 - AT - Central ExciseImposition of penalties u/r 26 of CER, 2002 - levy on the ground that the appellants have received fake invoices to enable Shri R.K.Gupta to issue cenvatable invoices enabling the manufacturer/buyers to avail cenvat credit on the strength of bogus invoices - Held that: - penalty u/r 26 (2) cannot be invoked unless and until the appellant have dealt with such goods during the impugned period - Admittedly, it is allegation against the appellants that they have dealt with issuance of bogus invoices. Therefore, the penalty u/r 26 of the CER, 2002 is not imposable - appeal allowed - decided in favor of appellant.
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