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2018 (10) TMI 1535 - AT - Central ExcisePenalty u/r 15(2) of CENVAT Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944 - CENVAT credit on Customs Education Cess and Customs Secondary Education Cess - reversal with interest on being pointed out - Held that:- The department has not been able to bring any material on record to show that the appellant has a mala fide intention to take the CENVAT credit wrongly - The department vide its Board Circular No.137/46/2015-ST dated 18.8.2015 wherein also the Board has clarified that in cases not involving fraud, suppression of facts, etc., if the assessee pays the tax along with interest either within 30 days from the date of issuance of show-cause notice or before the issue of show-cause notice, then in such cases, proceedings shall be deemed to be concluded. Penalty not imposable - appeal allowed - decided in favor of appellant.
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