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2015 (5) TMI 911 - HC - Central ExciseDebarment orders - Utilization of wrongful credit - Imposition of penalty - Held that:- Appellant did not dispute before the CESTAT that their were defaults in payment of duty in respect of several fortnights and also did not dispute that they utilised credit in violation of debarment orders issued under the Central Excise Rules, namely, orders dated 31.01.2002 and 24.09.2002. Despite these admitted infractions and consequent violation of the rules, the Tribunal was charitable enough to allow credit to be adjusted towards duty at the time of clearance of final products on the premise that it would otherwise lead to the payment of double duty by the appellant. - Tribunal has even otherwise reduced the penalty to only ₹ 1 lac - Decided against assessee.
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