https://www.taxtmi.com/caselaws?id=108484 Mandatory penalty for wrong Cenvat credit utilization was held unjustified where the contravention was found to be an inadvertent over-credit and no intent to evade duty was established. The reasoning noted that the assessee had already paid the duty before issuance of the show cause notice, and the lower authorities had not adequately considered the explanation that the excess credit arose by oversight. On those facts, the foundation for penalty under Section 11AC was not made out, and the impugned penalty order was treated as unsustainable. en-us Wed, 30 Apr 2003 00:00:00 +0530 Sat, 31 Mar 2012 18:03:54 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=108484 Mandatory penalty for wrong Cenvat credit utilization was held unjustified where the contravention was found to be an inadvertent over-credit and no intent to evade duty was established. The reasoning noted that the assessee had already paid the duty before issuance of the show cause notice, and the lower authorities had not adequately considered the explanation that the excess credit arose by oversight. On those facts, the foundation for penalty under Section 11AC was not made out, and the impugned penalty order was treated as unsustainable. Case-Laws Central Excise Wed, 30 Apr 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=108484