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2016 (7) TMI 1139 - AT - Central ExciseLevy of penalty - CENVAT Credit - allegation that input was not at all received in the factory of the appellant - Held that:- The appellant had issued Central Excise invoices to the customer and had also reversed the credit. This reveal that they had no intention to evade payment of duty, but the same was due to non - adherance of proper procedures. The Commissioner (Appeals) has observed that no case has been made out to prove complicity of Vice President in the offence with 'intent'. That appellants discharged the duty liability on the entire imported goods. - As there is no evidence to establish suppression of facts or willful misstatement with intent to evade payment of duty, I am of the opinion that the penalty under section 11 AC cannot be imposed. - Decided in favor of assessee.
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