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2018 (5) TMI 1458 - AT - Central ExciseDemand of penalty u/s 11AC of CEA - CENVAT credit availed wrongly - reversed on being pointed out - Held that: - In a similar matter where the assessee had wrongly availed the Cenvat Credit but immediately reversed it after pointing the mistake by the Revenue, this Tribunal in the matter of Commissioner of C. Ex, Allahabad Vs. Balrampur Chini Mills Ltd. [2013 (7) TMI 567 - CESTAT NEW DELHI] has held that The show cause notice does not attribute any malafide intention to the appellant so as to invoke the penal provisions of Section 11AC. Also, there has to be element supported by evidence to invoke the provisions of Section 11 AC, penalty not warranted. In the present case the appellant had filed ER-1 return for the period in question. The appellant had clearly declared everything in their ER-1 Returns. The Show cause notice also does not attribute any malafied on the part of the appellant. Therefore, there is no fraud or mis-statement or suppressions or malafied on the part of the appellant and for the same reason no penalty is liable to be imposed on the appellant under Section 11 AC of the Act. Appeal allowed - decided in favor of appellant.
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