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    <title>2008 (6) TMI 420 - CESTAT, NEW DELHI</title>
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    <description>The penalty imposed under Rule 15 of Cenvat Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944 was deemed unwarranted as there was no fraudulent activity or intent to evade duty. The assessee was entitled to the refund as per the Assessment Order, voluntarily rectified the irregularity, and the refund was already allowed before the Adjudication Order. Consequently, the penalty was set aside, the appeal by the Revenue was rejected, and the appeal by the assessee was allowed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=123959</link>
      <description>The penalty imposed under Rule 15 of Cenvat Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944 was deemed unwarranted as there was no fraudulent activity or intent to evade duty. The assessee was entitled to the refund as per the Assessment Order, voluntarily rectified the irregularity, and the refund was already allowed before the Adjudication Order. Consequently, the penalty was set aside, the appeal by the Revenue was rejected, and the appeal by the assessee was allowed.</description>
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