https://www.taxtmi.com/caselaws?id=245421 Under Rule 15 of the Cenvat Credit Rules, 2004, penalty for wrongful availment of cenvat credit is not compulsorily fixed at the amount of duty involved. The document explains that, even where credit was allegedly taken on fake documents from non-existent suppliers, a harmonious reading of Rule 15(1) and Rule 15(2) does not support the contention that penalty must equal duty. The appellate authority could therefore sustain a lesser penalty, and the reduction made by the Commissioner (Appeals) was upheld while the Revenue's challenge was rejected. en-us Fri, 22 Jul 2011 00:00:00 +0530 Mon, 10 Mar 2014 16:54:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=245421 Under Rule 15 of the Cenvat Credit Rules, 2004, penalty for wrongful availment of cenvat credit is not compulsorily fixed at the amount of duty involved. The document explains that, even where credit was allegedly taken on fake documents from non-existent suppliers, a harmonious reading of Rule 15(1) and Rule 15(2) does not support the contention that penalty must equal duty. The appellate authority could therefore sustain a lesser penalty, and the reduction made by the Commissioner (Appeals) was upheld while the Revenue's challenge was rejected. Case-Laws Central Excise Fri, 22 Jul 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=245421