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2017 (7) TMI 14 - AT - Central ExcisePenalty - unutilised CENVAT credit - the appellant availed the input credit wrongly twice and when it was pointed, the same was reversed with interest of ₹ 82,256/- which was paid on 19.2.2008 - Held that: - in the SCN, the Revenue has not alleged any suppression or fraud or willful misstatement with intention to avail irregular credit, and; as and when it was pointed out, the same was reversed. Since there was no allegation of suppression, therefore the extended period of limitation is wrongly invoked to impose penalty on the appellant as the necessary ingredient of Section 11AC of the Central Excise Act is missing in the present case - penalty set aside - appeal allowed - decided in favor of appellant.
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