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2018 (10) TMI 150 - AT - Central ExcisePenalty u/r 15 (2) of CCR, 2004, read with Section 11AC of the CEA, 1944 - Irregular availment of credit on inputs and capital goods - availment of credit disputed on the ground that at the time of taking such credit, the godowns where such goods received, were not registered with the Central Excise department - Held that:- Since the appellant suo moto reversed the credit and also paid interest during the course of audit by the Central Excise department, it cannot be said that availment of Cenvat Credit was owing to the reason of fraud, collusion, suppression, etc. Since the statute clearly mandates imposition of penalties, in the eventuality, where there is involvement of fraud, collusion, etc., which admittedly was absent in this case, the imposition of penalty by the authorities below cannot be sustained in the eyes of law. Appeal allowed - decided in favor of appellant.
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