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2017 (9) TMI 874 - AT - Central ExciseCENVAT credit - Clearance of 'CENVAT credit availed Capital Goods' without payment of duty - Rule 3(5) of CENVAT Credit Rules, 2004 - Penalty u/s 11AC of CEA, 1944, read with Rule 15(2) of the CCR, 2004 - Held that: - There is no dispute that appellant had not discharged the duty liability at the time of clearance capital goods cleared from the factory and duty liability was discharged only on being pointed out - this act of appellants is gross violation of the provisions of the law with intent to evade duty - penalty upheld - appeal dismissed - decided against appellant.
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