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2018 (11) TMI 617 - AT - Central ExcisePenalty u/s 11AC of CEA - Malafide intent present of not - appellant deposited entire duty with interest on being pointed out - Held that:- The Tribunal in the case of Indian Institute of Technology (IIT) Vs. CST-II, Mumbai [2015 (11) TMI 1347 - CESTAT MUMBAI] has held that the appellant being a Government of India institute there cannot be any malafide intention for the reason that there is no individual, who can be benefited by taking wrong Cenvat Credit. Inasmuch as the appellant is admittedly a public sector undertaking, and also by appreciating the fact that no evidence stands produced by the Revenue indicating any intent on the part of the assessee, penalty cannot be imposed on appellant - appeal allowed - decided in favor of appellant.
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