https://www.taxtmi.com/caselaws?id=203110 Penalty under Rule 25 of the Central Excise Rules, 2001 read with section 11AC of the Central Excise Act, 1944 cannot be sustained where no authority records an adverse finding on the core allegation of wrongful utilisation of accumulated Cenvat credit and the material is not analysed to establish contravention of Rule 8(1). The proceedings were based on an asserted use of accumulated credit to pay duty, but the demand was dropped and the factual foundation for breach was not proved. On that basis, the penalty order was liable to be set aside. en-us Sun, 03 Oct 2010 00:00:00 +0530 Fri, 06 May 2011 10:03:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=203110 Penalty under Rule 25 of the Central Excise Rules, 2001 read with section 11AC of the Central Excise Act, 1944 cannot be sustained where no authority records an adverse finding on the core allegation of wrongful utilisation of accumulated Cenvat credit and the material is not analysed to establish contravention of Rule 8(1). The proceedings were based on an asserted use of accumulated credit to pay duty, but the demand was dropped and the factual foundation for breach was not proved. On that basis, the penalty order was liable to be set aside. Case-Laws Central Excise Sun, 03 Oct 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=203110