https://www.taxtmi.com/caselaws?id=202446 Equivalent penalty under Rule 15(2) of the Cenvat Credit Rules, 2002 applies only where wrong credit or utilisation is shown to arise from fraud, collusion, wilful misstatement, suppression of facts, or contravention with intent to evade duty. Mere non-reversal of Special Additional Duty on imported inputs, without proof of deliberate evasion or contumacious conduct, does not justify automatic penalty. Where the credit was reversed and the circumstances did not establish mens rea, the penalty was held unsustainable and was set aside. en-us Fri, 25 Jun 2010 00:00:00 +0530 Tue, 01 Feb 2011 18:20:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=202446 Equivalent penalty under Rule 15(2) of the Cenvat Credit Rules, 2002 applies only where wrong credit or utilisation is shown to arise from fraud, collusion, wilful misstatement, suppression of facts, or contravention with intent to evade duty. Mere non-reversal of Special Additional Duty on imported inputs, without proof of deliberate evasion or contumacious conduct, does not justify automatic penalty. Where the credit was reversed and the circumstances did not establish mens rea, the penalty was held unsustainable and was set aside. Case-Laws Central Excise Fri, 25 Jun 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=202446