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2018 (8) TMI 353 - AT - Central ExcisePenalty - Reversal of CENVAT Credit - common input services used in manufacture of dutiable goods as well as exempted goods - Rule 6 (3A) of CENVAT Credit Rules, 2004 - Held that:- Admittedly, the appellant had sufficient balance in their CENVAT Credit account and had not utilized CENVAT credit in dispute. The show cause not does not make express allegation of suppression or wilful misstatement. In the absence of this, the penalty is liable to be set aside. In similar circumstances, where assessee had availed wrong Cenvat credit but had not utilized the same and had reversed the credit after being pointed out by the audit party, in the case of Flextronics Technologies (India) Pvt.Ltd. [2015 (10) TMI 709 - KARNATAKA HIGH COURT], it was held that penalty is liable to be set aside. The demand of duty is upheld - penalty set aside - appeal allowed in part.
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