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Belson Steel Versus Commr. of C. Ex. & S.T. Chandigarh-I

2016 (339) E.L.T. 279 (Tri. - Chan.) - Imposition of penalty u/r 26 of the Central Excise Rules, 2002 - excess duty has been passed on manufacturer/buyer to avail excess Cenvat credit - Held that: - The appellant has passed the Cenvat credit of the duty which they have paid to the manufacturer supplier and the appellant was under bona fide belief, that whatever duty, they have paid is the correct duty. In that circumstances, penalty under Rule 26 of the Central Excise Rules, 2002 is not imposabl .....

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ts of the case are that M/s. Ind. Synergy Ltd., Raipur paid duty and transferred goods to their depot at Mandi Gobindgarh. The depot issued invoices to the appellant wherein excess duty paid was shown. These facts were not known to the appellant thereafter, the appellant transfer the said duty to manufacturer/buyer while selling the goods. The case was booked that excess duty has been passed on manufacturer/buyer to avail excess Cenvat credit on the goods in question. The penalty under Rule 26 o .....

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