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    <title>2016 (11) TMI 1105 - CESTAT NEW DELHI</title>
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    <description>Penalty for irregular Cenvat credit was held unwarranted where the assessee reversed the credit before the show cause notice and the record showed bona fide error rather than mala fide intent. The Tribunal treated the mistaken credit on another unit&#039;s invoice as a clerical duplication, and the credit taken on the bill of entry before receipt of goods as only a timing issue that did not confer any undue benefit. While the duty confirmation remained undisturbed, the penal consequences were deleted because the irregularities were not found to be intentional or gain-based.</description>
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      <link>https://www.taxtmi.com/caselaws?id=335087</link>
      <description>Penalty for irregular Cenvat credit was held unwarranted where the assessee reversed the credit before the show cause notice and the record showed bona fide error rather than mala fide intent. The Tribunal treated the mistaken credit on another unit&#039;s invoice as a clerical duplication, and the credit taken on the bill of entry before receipt of goods as only a timing issue that did not confer any undue benefit. While the duty confirmation remained undisturbed, the penal consequences were deleted because the irregularities were not found to be intentional or gain-based.</description>
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