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2017 (11) TMI 1569 - AT - Central ExcisePenalty - CENVAT credit - credit availed twice - case of appellant is that availment of CENVAT credit in appellants factory being voluminous the error of availing credit twice over is a clerical error - Held that: - the reasoning given by the First Appellate Authority is correct and pertinent to the issue in hand as regards imposition of penalty, as appellant is an unit in the organized sector - First appellate authority has held that neither in the original proceedings nor in the appeal proceedings, the appellant has explained with any reasonable clarity as to how such credit came to be taken by them which act in my view was against all accounting norms. In the absence of a valid clarification on such amount so want only taken by them, there is no basis on which they could claim innocence and therefore, there is no reason on my part to examine whether there were any bonafide grounds on their part in taking credit irregularly in excess of the eligible amount as per the documents. Penalty upheld - appeal dismissed - decided against appellant.
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