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2022 (10) TMI 190 - AT - Central ExciseReversal of CENVAT Credit - input services - service of outward transportation availed from their factory/depot to the buyer’s premises - penalty - HELD THAT:- The demand of reversal of cenvat credit on outward transportation is set aside. Cenvat credit in respect of which the appellant could not produce the evidence of payment of duty in the shape of invoice - HELD THAT:- The demand was confirmed by the tribunal and the matter was remanded solely for the purpose of quantification. The appellant in this appeal has not challenged the quantification in so far as amount of Rs. 2,72,072/- is concerned, the said demand is confirmed. Penalty - HELD THAT:- It is seen that Rule 15 of the Cenvat Credit Rules, 2004 read with Section 11(AC) of the Central Excise Act, 1944 prescribes the penalty for availment of inadmissible or wrongful credit. In this case, the appellant admittedly taken credit without having the documents consequently, the penalty imposed under Rule 15 is revised from Rs.23,52,037/- to Rs.2,72,072/-. Appeal allowed in part.
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