2015 (6) TMI 372

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..... oel, Adv. ORDER Sanjay Karol, J. (Oral) Appeal was admitted on the following substantial question of law:- "Whether the penalty under Rule13(1) of CENVAT Credit Rules, 2002 was to be imposed even if there was no mens rea on the part of the assessee? 2. It is a common case of learned counsel for the parties that the question of law is no longer res-integra, as it stands decided by the Hon'ble .....

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..... om a consideration of the terms of the statute and other relevant circumstances, it clearly appears that must have been the intention of Parliament." (See the decision of the House of Lords in Vane v. Yiannopoullos and the opinion of Lord Reid at AC p.496 E: ALL ER P.823). 24. In Vane, the word "knowingly" was used in the statute as a condition of creating liability. 25. The aforesaid dictum of .....

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