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2019 (5) TMI 1012 - AT - Central Excise100% EOU - wrongful availment of Cenvat credit on capital goods - imposition of penalty under Rule 13(2) and Rule 15(2) of Cenvat Credit Rules, 2002/2004 - Difference of opinion - Majority Order. HELD THAT:- It is fact on record that the appellant has availed excess credit in terms of formula given in Rule 3(7) (a) of Cenvat Credit Rules, 2004, therefore it is mistake of calculation of availment of Cenvat credit which the appellant has reversed the credit on pointing out by the Department. In that circumstance, the penalty is not imposable on the appellant in the facts and circumstances of the case - the view entertained by the Hon’ble Member (Judicial) is agreed upon. The Registry is directed to place matter before the Referral Bench for further proceedings.
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