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2017 (6) TMI 152 - AT - Central ExcisePenalty - reversal of CENVAT credit - Rule 6(3) of the CCR 2004 - it was alleged that the appellants have been clearing the exempted goods to M/s BEML by raising commercial invoices since 21.5.2007 and without maintaining separate accounts as per Rule 6(2) of Cenvat Credit Rules 2004 for receipt, consumption and inventory of inputs meant for use in the manufacture of exempted goods and also not reversed the attributable credit - Section 11AC of the CE Act - Held that: - the Division Bench of the Tribunal in the case of Sangrur Agro Ltd [2010 (2) TMI 438 - PUNJAB & HARYANA HIGH COURT] has held that the provisions of Section 11AC of the CE Act are applicable only in respect of short- payment of duty whereas the payment under Rule 6(3)(b) of Cenvat Credit Rules is not duty but an amount - the penalty imposed on the appellant is not warranted by law - appeal allowed - decided in favor of appellant.
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