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2018 (5) TMI 296 - AT - Central ExcisePenalty u/r 26(2) of Central Excise Rules, 2002 - fraudulent availment of CENVAT credit - bogus invoices without receipt of goods - benefit of reduced penalty - Held that: - The fact that the appellant had been wantonly issuing bogus invoices to 14 manufacturers without supply of any goods shows systematic and flagrant violation of Cenvat Credit Rules, 2004. Such brazen violation of law in a well-planned fashion deserves no sympathy - reduction of penalty to 25% on dealers does not have the legal backing as there is no provision in Central Excise Act or Central Excise Rules to reduce the penalty on the dealers to 25% Considering the admitted fraud by the appellant and its systematic nature involving 14 manufacturers over a period of time, I find that the quantum of penalty under Rule 26(2) of Central Excise Rules, 2002 is fully justified and needs no interference. Appeal dismissed - decided against appellant.
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