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2018 (1) TMI 150 - CESTAT ALLAHABADCENVAT credit - forged documents - redemption fine - penalty - Held that: - On investigation conducted at the end of Shiv Traders, he clarified that the invoice in question, has not been issued by their firm and the same has been forged by them. Further investigations were conducted at the end of the transporter and it came to light that even the GR stands forged by the assessee. - confiscation justified. The total duty involved in the matter was to the extent of ₹ 97,000/-, thus, not justifying the redemption fine of ₹ 2,00,000/- - Appreciating that the duty was on the lower side, redemption fine reduced from ₹ 2,00,000/- to ₹ 1,00,000/-. Penalty - Held that: - the same stands imposed under the provisions of Rule 26 of the Central Excise Rules, which provide maximum penalty equivalent to the duty amount involved. As such imposition of penalty of ₹ 3,00,000/- on the appellant is neither warranted nor justified. The same is accordingly reduced to ₹ 97,445/-. Appeal allowed in part.
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