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Confiscation and Penalty

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..... in contravention of any of the provisions of these rules, then, all such goods shall be liable to confiscation and such person, shall be liable to a penalty [ clause (a) or clause (b) of sub section (1) of section 11AC of the Excise Act or sub-section (1) of section 76 of the Finance Act (32 of 1994), as the case may be.] (2) In a case, where the CENVAT credit in respect of input or ca .....

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..... intent to evade payment of service tax, then, the provider of output service shall also be liable to pay [penalty in terms of the provisions of sub-section (1) of section 78 ] shall be substituted. (4) Any order under sub-rule (1), sub-rule (2) or sub-rule (3) shall be issued by the Central Excise Officer following the principles of natural justice. General penalty.- Whoever contravene .....

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..... y with the other provisions of the Cenvat Credit Rules and therefore the goods are liable to be confiscated. Penalty in respect of Input or Capital Goods or input Services - General Rule 15(1) provides that the person who is availing Cenvat Credit wrongly or without taking reasonable steps, shall be liable to a penalty not exceeding the duty on the excisable goods in respect of whi .....

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..... raud, willful mis-statement, collusion or suppression of facts, or contravention of any of the provisions with intention to evade duty / service tax - Rule 15(3) - Output service provider shall be liable pay penalty in terms of the provisions of section 78 of the Finance Act. Principles of Natural Justice must be observed Rule 15(4) any order under sub-rule (1), sub-rule (2 .....

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