<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2012 (3) TMI 361 - CESTAT NEW DELHI</title>
    <link>https://www.taxtmi.com/caselaws?id=246413</link>
    <description>The Tribunal found that the penalty under Section 11AC of the Central Excise Act, 1944 was not applicable as the wrongly taken credit was not utilized, causing no prejudice to revenue. The appellant&#039;s actions did not show willful suppression, and there was no evidence of actual utilization of the credit. Emphasizing the quasi-criminal nature of penalty proceedings, the Tribunal concluded that without any attempt or commitment to misuse the credit, the penalty was unwarranted. Therefore, the appeal was allowed, and the penalty imposed was waived.</description>
    <language>en-us</language>
    <pubDate>Fri, 16 Mar 2012 00:00:00 +0530</pubDate>
    <lastBuildDate>Sun, 20 Apr 2014 16:14:52 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=353034" rel="self" type="application/rss+xml"/>
    <item>
      <title>2012 (3) TMI 361 - CESTAT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=246413</link>
      <description>The Tribunal found that the penalty under Section 11AC of the Central Excise Act, 1944 was not applicable as the wrongly taken credit was not utilized, causing no prejudice to revenue. The appellant&#039;s actions did not show willful suppression, and there was no evidence of actual utilization of the credit. Emphasizing the quasi-criminal nature of penalty proceedings, the Tribunal concluded that without any attempt or commitment to misuse the credit, the penalty was unwarranted. Therefore, the appeal was allowed, and the penalty imposed was waived.</description>
      <category>Case-Laws</category>
      <law>Central Excise</law>
      <pubDate>Fri, 16 Mar 2012 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=246413</guid>
    </item>
  </channel>
</rss>