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2017 (4) TMI 275 - AT - Central ExciseImposition of penalty - Rule 15(2) of CCR, 2004 read with Section 11AC of CEA, 1944 - it is the case of petitioner that premature availment of Cenvat credit was an inadvertent mistake and was not on account of any mala fide intention, thus penalty to be set aside - Held that: - The fact that such credit entry were only made in the Cenvat credit accounts, but the credit so availed was not utilized before the actual validation period, I am of the view that such premature availment cannot be on account of any mala fide. If that be so, the appellants would not attract any penalty - appeal allowed - decided in favor of appellant.
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