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2018 (7) TMI 525 - AT - Central ExcisePenalty u/s 11AC of CEA read with Rule 15(2) of the CCR 2004 - CENVAT credit - input used in the manufacture of exempted goods as well as dutiable goods - appellant have reversed the proportionate cenvat credit attributable to manufacture of cotton yarn on being pointed out - Held that:- On pointing out by the Audit, they reversed the cenvat credit attributable to inputs namely, coal used in the manufacture of exempted goods. Therefore, there was no requirement to issue show cause notice to the appellant in terms of Section 11A(2) of the Central Excise Act, 1944 - no penalty is imposable on appellant - appeal allowed.
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