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2018 (6) TMI 626 - AT - Central ExciseReversal of CENVAT credit - Rule 3(5A) of CENVAT Credit Rules, 2004 - The allegation is that the appellant removed the used inputs and capital goods and did not reverse the proportionate duty upon such items - Penalty - Held that:- Though there is a vague allegation in the SCN that the appellant suppressed facts, nothing is brought out from the records to support this allegation - There being no suppression brought out from the facts with intent to evade payment of duty, the Commissioner (Appeals) has rightly set aside the penalty imposed under section 11AC of Central Excise Act. In view thereof, penalty imposed under Rule 15 of CENVAT Credit Rules, 2004 requires to be set aside - appeal allowed in part.
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