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    <title>2016 (8) TMI 442 - CESTAT MUMBAI</title>
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    <description>Penalty under Rule 26 of the Central Excise Rules, 2002 on a partner for alleged wrongful availment of Cenvat credit by a partnership firm was found excessive on the facts. The firm had already reversed the entire credit after investigation and did not contest the demand, while the appellant&#039;s statement did not amount to a clear admission of deliberate misconduct. The record showed some culpability, but the surrounding circumstances did not justify sustaining the full penalty, so it was reduced and partial relief was granted.</description>
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      <link>https://www.taxtmi.com/caselaws?id=331058</link>
      <description>Penalty under Rule 26 of the Central Excise Rules, 2002 on a partner for alleged wrongful availment of Cenvat credit by a partnership firm was found excessive on the facts. The firm had already reversed the entire credit after investigation and did not contest the demand, while the appellant&#039;s statement did not amount to a clear admission of deliberate misconduct. The record showed some culpability, but the surrounding circumstances did not justify sustaining the full penalty, so it was reduced and partial relief was granted.</description>
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