TMI Blog2018 (8) TMI 1340X X X X Extracts X X X X X X X X Extracts X X X X ..... contended that it is not contesting the disallowance of CENVAT credit and the interest demand confirmed by the Department. However it is submitted that penalty cannot be imposed under sub-rule (3) of Rule 15 of CENVAT Credit Rules, 2004read with Section 78 of the Finance Act, 1994. The appellant submitted that it had sufficient balance in its CENVAT account during the period between taking of exc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Government Revenue. Thus, I am of the view that imposition of penalty on the appellant under the circumstances of the case cannot be sustained.
4. In view of above discussions, the impugned order, to the extent it upholds the adjudged amount of penalty against the appellant is set aside and the appeal is allowed.
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