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    <title>2012 (12) TMI 931 - CESTAT MADRAS</title>
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    <description>Penalty was held not warranted where excess CENVAT credit was taken twice by mistake, reversed promptly after detection, and not utilised. The record showed payment of duty and interest, and the repeated credit entries were treated as a clerical lapse linked to staff change rather than any intent to evade duty. On that basis, the penal provision under Rule 15 of the CENVAT Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944 was not attracted, and the penalty was waived in favour of the assessee.</description>
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    <pubDate>Fri, 14 Dec 2012 00:00:00 +0530</pubDate>
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      <title>2012 (12) TMI 931 - CESTAT MADRAS</title>
      <link>https://www.taxtmi.com/caselaws?id=246709</link>
      <description>Penalty was held not warranted where excess CENVAT credit was taken twice by mistake, reversed promptly after detection, and not utilised. The record showed payment of duty and interest, and the repeated credit entries were treated as a clerical lapse linked to staff change rather than any intent to evade duty. On that basis, the penal provision under Rule 15 of the CENVAT Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944 was not attracted, and the penalty was waived in favour of the assessee.</description>
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      <pubDate>Fri, 14 Dec 2012 00:00:00 +0530</pubDate>
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