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2018 (6) TMI 1069 - CESTAT MUMBAIPenalty u/s 11AC - CENVAT Credit on the written off quantity - Held that:- Once the practice of the appellant is that they are reversing the credit, in some of the cases not reversed in time will not amount to mala fide on part of the appellant - Since they are making the provisions in their Books of Account there is not attempt to avoid any reversal of credit, which required in terms of Rule 3(5B) of CENVAT Credit Rules. Therefore, mala fide intention is not proved against the appellant - penalty rightly set aside - appeal dismissed - decided against Revenue.
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