https://www.taxtmi.com/caselaws?id=336532 Re-credit of pre-deposit amounts in the Cenvat account after a favourable appellate order was considered permissible where the assessee had earlier debited the amount during pendency of the appeal and later informed the Revenue of the re-credit. Penalty was found unsustainable because no fraud, suppression of facts, or specific violation of the Act or Rules was established. Departmental circulars did not, on these facts, justify penal action. The legal position stated is that restoration of a pre-deposit to the Cenvat account after success in appeal does not, by itself, attract penalty under the excise regime in the absence of statutory breach or dishonest conduct. en-us Mon, 08 Aug 2016 00:00:00 +0530 Sat, 07 Jan 2017 16:05:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=336532 Re-credit of pre-deposit amounts in the Cenvat account after a favourable appellate order was considered permissible where the assessee had earlier debited the amount during pendency of the appeal and later informed the Revenue of the re-credit. Penalty was found unsustainable because no fraud, suppression of facts, or specific violation of the Act or Rules was established. Departmental circulars did not, on these facts, justify penal action. The legal position stated is that restoration of a pre-deposit to the Cenvat account after success in appeal does not, by itself, attract penalty under the excise regime in the absence of statutory breach or dishonest conduct. Case-Laws Central Excise Mon, 08 Aug 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=336532