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    <title>2016 (12) TMI 644 - CESTAT CHENNAI</title>
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    <description>Penalty under Rule 15 of the Cenvat Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944 could not be sustained where the basis for CENVAT credit denial had already been set aside. The Tribunal noted that in the assessee&#039;s connected matter, the Division Bench had remanded the case to the adjudicating authority and expressly directed that no penalty be imposed. On that footing, the earlier appellate order had merged and governed the dispute, so the Revenue&#039;s challenge to the reduced penalty could not survive and was rejected.</description>
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      <title>2016 (12) TMI 644 - CESTAT CHENNAI</title>
      <link>https://www.taxtmi.com/caselaws?id=335999</link>
      <description>Penalty under Rule 15 of the Cenvat Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944 could not be sustained where the basis for CENVAT credit denial had already been set aside. The Tribunal noted that in the assessee&#039;s connected matter, the Division Bench had remanded the case to the adjudicating authority and expressly directed that no penalty be imposed. On that footing, the earlier appellate order had merged and governed the dispute, so the Revenue&#039;s challenge to the reduced penalty could not survive and was rejected.</description>
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      <pubDate>Fri, 02 Sep 2016 00:00:00 +0530</pubDate>
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