2012 (7) TMI 352

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..... stay application granting waiver of penalty of Rs. 67,590/- imposed on the ground that Cenvat credit was taken by oversight and that was deposited on being pointed out.   2. Learned Representative for Revenue submits that for wrong availment of Cenvat credit the appellant was penalized.   3. Heard Revenue.   4. There is no dispute by the appellant on the Cenvat credit demand whi .....

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..... there was no utilization, it is left for the adjudicating authority to re-adjudicate the matter of imposition of penalty since there is already reversal of Cenvat credit not disputed by the assessee.   6. Granting fair opportunity of hearing the adjudicating authority shall decide the above issue of controversy afresh.   (Dictated & pronounced in the Open Court.)  
Case laws, .....

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