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2022 (12) TMI 126 - AT - Central ExciseFraudulent CENVAT Credit - issue of invoices without supplying the inputs - levy of penalty u/r 26 (2) of Central Excise Rules, 2012 - HELD THAT:- In the present case the penalty was imposed on the appellants under Rule 26 (2) of Central Excise Rules, 2002. In connection with fraudulent passing of cenvat credit on the invoices issued by M/s Accord Industries Limited to M/s Archon Engicon Limited. The fact is not under dispute by the Revenue as well as by the appellant that the appellant have admittedly provided the blank LRs to M/s Accord which were used for passing of fraudulent cenvat credit . Accordingly the act of giving blank LR books itself clearly falls under purview of Rule 26(2) of Central Excise Rules, 2012. It is immaterial that whether the appellants were handling the goods or otherwise. Even providing blank LRs establish the abatement in passing of fraudulent cenvat credit. There are no hesitation to view that the act of the appellants clearly falls under the four corners of Rule 26 (2) of Central Excise Rules, 2012 - penalty upheld - appeal dismissed.
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