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2010 (8) TMI 102 - HC - Central ExcisePenalty under section 11AC- The assessee availed the CENVAT Credit on the purchase of goods for repair purpose. The department disapproved the credit and reaised the demand and equal amount of penalty. Tribunal upheld the demand and reduced the penalty. Court remanded the case to the tribunal for fresh decision stating that penalty is not justified if there is no concealment. If there is concealment, penalty had to be at the rate mentioned in section 11AC.
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