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2015 (11) TMI 958 - ALLAHABAD HIGH COURT

2015 (11) TMI 958 - ALLAHABAD HIGH COURT - 2015 (325) E.L.T. 551 (All.) - CENVAT Credit - Clearance of goods to sister Unit - Non Clearance of CVD - Penalty u/s 11AC - Held that:- Goods were cleared by the assessee to its sister unit and whatever credit was reversed by the assessee, the same was made available to its sister unit. Section 11AC of the Act provides payment of penalty where there is any intention to evade payment of penalty. In the instant case, we do not find that the assessee has .....

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sted by Sri Sandeep Kumar Srivastava, the learned counsel for the assessee, we find that the goods were cleared by the assessee to its another unit. When the goods were initially cleared, the assessee cleared the credit taken for other duties but inadvertently could not clear the CVD. The same was done subsequently, along with the interest. For this action, penalty was imposed by the Department under Section 11AC of the Central Excise Act,1944. The appellate authority reduced the penalty to S .....

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