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2018 (8) TMI 1333 - AT - Central ExcisePenalty u/s 11AC - CENVAT Credit availed on goods transferred to another company - supplementary invoices - Whether penalty under Section 11AC of the Central Excise Act, 1944 is imposable on the respondent for availing CENVAT Credit on supplementary invoices when goods were already transferred earlier to their another company? Held that:- Even though the respondent initially availed credit on the supplementary invoices pertaining to the entire quantity of inputs received from the inputs supplier on payment of differential duty, but later on realizing the mistake, reversed the credit attributable to the quantity cleared as such to another unit namely, M/s Ispat Metallic India Ltd. - there is no justification to invoke penalty provision namely, Section 11AC of the Central Excise Act - appeal dismissed - decided against Revenue.
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