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2018 (5) TMI 1042 - AT - Central ExciseExcess availment of CENVAT credit - transfer of an amount from basic customs duty to Education Cess/Secondary & Higher Education Cess without debiting the same in BED account - demand of interest and penalty - Held that: - Education Cess/Secondary & Higher Education Cess were debited as paid without an amount in credit in respect of two cess, inasmuch as transfer of credit from basic excise duty to Education Cess/Secondary & Higher Education Cess is not complete unless there is debit in the BED account Undisputedly, the appellant had not debited the BED with an amount which has been used for payment of Education Cess/Secondary & Higher Education Cess - demand of interest upheld. Penalty - Held that: - this act of non-debiting the basic excise duty would not attract stringent imposition of equal penalty under section 11AC or under rule 15(2) of Cenvat Credit Rules, 2004 inasmuch that there is no intention to evade duty and the clearances of the goods were effected by showing debit in Education Cess/Secondary & Higher Education Cess account - there is no warrant to visit the appellant with penalties under any provisions of Central Excise Act and the Rules made there under - penalties set aside. Appeal allowed in part.
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