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    <title>2008 (9) TMI 814 - CESTAT, MUMBAI</title>
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    <description>The Tribunal set aside the penalty imposed under Section 11AC of the Central Excise Act, 1944, as it was found to be unsustainable due to the lack of allegations of fraud or willful suppression, which are prerequisites for penalty under that section. The appellant&#039;s argument that the penalty did not specify the provisions under which it was imposed was considered, leading to the conclusion that penalty under the Cenvat Credit Rules, 2004 may have been more appropriate in the circumstances. Compliance with statutory requirements for penalties in tax matters was emphasized.</description>
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      <title>2008 (9) TMI 814 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=125307</link>
      <description>The Tribunal set aside the penalty imposed under Section 11AC of the Central Excise Act, 1944, as it was found to be unsustainable due to the lack of allegations of fraud or willful suppression, which are prerequisites for penalty under that section. The appellant&#039;s argument that the penalty did not specify the provisions under which it was imposed was considered, leading to the conclusion that penalty under the Cenvat Credit Rules, 2004 may have been more appropriate in the circumstances. Compliance with statutory requirements for penalties in tax matters was emphasized.</description>
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      <pubDate>Fri, 19 Sep 2008 00:00:00 +0530</pubDate>
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