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2017 (6) TMI 201 - AT - Central ExcisePenalty u/r 15(2) of CCR 2004 - reversal of CENVAT credit - suppression of facts or not? - Held that: - the appellant reversed the CENVAT credit on being pointed out by the audit party along with interest and also informed the department about the same before the issue of SCN. In such a situation, as per Sub-section (2B) of Section 11A, the adjudicating authority should not have issued the SCN - in the SCN as well as in the impugned order, nothing has been brought on record to show that there was deliberate suppression of facts with malafide intention to evade payment of duty - the imposition of equal penalty under Rule 15(2) of the CENVAT Credit rules is not sustainable in law - appeal allowed - decided in favor of appellant.
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