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    <title>2009 (9) TMI 814 - CESTAT NEW DELHI</title>
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    <description>Penalty under Rule 26 was sustained where the person actively assisted fraudulent availment of credit through cenvatable invoices without movement of goods, including procuring invoices at a premium and facilitating passing of credit through his own firms. The tribunal held that this conduct went beyond mere invoice issuance, making decisions on cases involving only paper transactions inapplicable. However, the penalty was found disproportionate to the proved role and circumstances, so the quantum was reduced while liability to penalty remained intact.</description>
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      <link>https://www.taxtmi.com/caselaws?id=152268</link>
      <description>Penalty under Rule 26 was sustained where the person actively assisted fraudulent availment of credit through cenvatable invoices without movement of goods, including procuring invoices at a premium and facilitating passing of credit through his own firms. The tribunal held that this conduct went beyond mere invoice issuance, making decisions on cases involving only paper transactions inapplicable. However, the penalty was found disproportionate to the proved role and circumstances, so the quantum was reduced while liability to penalty remained intact.</description>
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