https://www.taxtmi.com/caselaws?id=334385 Merchant exporters were held not liable to penalty under Rule 26 of the Central Excise Rules, 2002 because the record did not show that they were party to, or had knowledge of, their supplier's fraudulent availment of Cenvat credit. The goods were purchased under excise invoices and ARE-1 documents, payment was made for the supplies, and the exported goods were the same goods received by the appellants. In the absence of cash dealings, deliberate collusion, or conscious involvement in the fraud, the element required for Rule 26 penalty was not proved, so the penalty was set aside. en-us Mon, 27 Jun 2016 00:00:00 +0530 Wed, 04 Jan 2017 17:05:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=334385 Merchant exporters were held not liable to penalty under Rule 26 of the Central Excise Rules, 2002 because the record did not show that they were party to, or had knowledge of, their supplier's fraudulent availment of Cenvat credit. The goods were purchased under excise invoices and ARE-1 documents, payment was made for the supplies, and the exported goods were the same goods received by the appellants. In the absence of cash dealings, deliberate collusion, or conscious involvement in the fraud, the element required for Rule 26 penalty was not proved, so the penalty was set aside. Case-Laws Central Excise Mon, 27 Jun 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=334385