TMI Blog2012 (3) TMI 449X X X X Extracts X X X X X X X X Extracts X X X X ..... his appeal was admitted on 3rd April 2008 on the following substantial questions of law. a) Whether the assessee is liable for imposition of penalty under Rule 13(2) of CENVAT Credit Rules, 2002 read with Section 11AC of the Act equal to the excess credit taken by the assessee by suppression of facts and/or willful misstatement with intend to evade duty? b) Whether the CESTAT was justified i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 009 (238) E.L.T. 3 (S.C.), counsel for the parties state that the impugned order dated 22nd July 2005 passed by the CESTAT be quashed and set aside and the matter be restored to the file of the CESTAT for fresh consideration. 3. Accordingly, the impugned order dated 22nd July 2005 is quashed and set aside and the matter is restored to the file of the CESTAT for deciding afresh in accordance wit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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