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Central Excise - Highlights / Catch Notes

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Levy of penalty u/r 25 of CER - Penalty on Registered Dealers, ...

Central Excise

March 26, 2024

Levy of penalty u/r 25 of CER - Penalty on Registered Dealers, Unregistered Dealers and Transporters - Availment of fraudulent credit - issuance of Cenvatable invoices without actual dispatch of goods - The Tribunal held that penalties could indeed be imposed on registered dealers under Rule 25 for issuing Cenvatable invoices without actual movement of goods. The Tribunal found that the dealers had contravened the rules with the intent to evade payment of duty. - The Tribunal held that penalties were warranted for unregistered dealers and transporters who facilitated fraudulent activities, despite their claims that the goods did not reach the intended destination. The Tribunal emphasized the liability of all involved parties in facilitating fraudulent activities.

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