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    <title>2008 (1) TMI 737 - CESTAT, NEW DELHI</title>
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    <description>Penalty under Rule 25 of the Central Excise Rules, 2002 was held unsustainable where exempted goods were cleared without initial reversal of Cenvat credit, because the clearance was duly recorded and the discrepancy was found on scrutiny of records. On those facts, suppression of facts with intent to evade duty was not established, and the condition in Rule 25(1)(d) requiring contravention with intent to evade duty was absent. The penalty was therefore set aside.</description>
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      <title>2008 (1) TMI 737 - CESTAT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=123304</link>
      <description>Penalty under Rule 25 of the Central Excise Rules, 2002 was held unsustainable where exempted goods were cleared without initial reversal of Cenvat credit, because the clearance was duly recorded and the discrepancy was found on scrutiny of records. On those facts, suppression of facts with intent to evade duty was not established, and the condition in Rule 25(1)(d) requiring contravention with intent to evade duty was absent. The penalty was therefore set aside.</description>
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      <pubDate>Tue, 22 Jan 2008 00:00:00 +0530</pubDate>
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