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2018 (5) TMI 1209 - HC - Central ExciseRe-credit of CENVAT amount - Whether the action of the assessee in taking re-credit of CENVAT amount after the Revenue had already rejected his claim can be termed as a fraudulent or other illegal activity done with an intention of defrauding the Government Officials? - Held that: - The assessee has not taken the re-credit of its own, but the same was done on the basis of its Auditor's objection. It amounted to an account entry reversal without there being any revenue impact, as the issue concerning Cenvat credit on the amount of ₹ 49,62,640/- is already under adjudication pursuant to the first show cause notice. There appears no mala fide or fraudulent act on the part of the assessee, more so, when the first proceedings are pending - appeal dismissed - decided against Revenue.
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