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    <title>2012 (6) TMI 756 - CESTAT NEW DELHI</title>
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    <description>Penalty under Rule 13 of the Cenvat Credit Rules, 2002 was confined to the person who actually took wrong Cenvat credit or otherwise contravened the rules in relation to inputs or capital goods. Where the credit had been availed by the company and not by its director in his personal capacity, the rule did not permit penalty to be imposed on the director merely because of his position in the company. Penalty on the director was therefore held impermissible, and the finding went in favour of the assessee.</description>
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    <pubDate>Mon, 11 Jun 2012 00:00:00 +0530</pubDate>
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      <title>2012 (6) TMI 756 - CESTAT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=166440</link>
      <description>Penalty under Rule 13 of the Cenvat Credit Rules, 2002 was confined to the person who actually took wrong Cenvat credit or otherwise contravened the rules in relation to inputs or capital goods. Where the credit had been availed by the company and not by its director in his personal capacity, the rule did not permit penalty to be imposed on the director merely because of his position in the company. Penalty on the director was therefore held impermissible, and the finding went in favour of the assessee.</description>
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