https://www.taxtmi.com/caselaws?id=346942 Penalty under Rule 13 of the Cenvat Credit Rules, 2002 cannot stand where the show cause notice was confined to alleged wrongful availment of Cenvat credit and the principal demand on that allegation was dropped. The notice did not separately propose penalty on the distinct issue of delayed receipt of goods from job workers, so the penal foundation disappeared once the substantive credit demand failed. The assessee's reversal of credit and prior payment of interest supported its case, but the decisive reason was the absence of any surviving basis for penalty. The penalties were therefore set aside. en-us Fri, 18 Aug 2017 00:00:00 +0530 Thu, 21 Sep 2017 13:10:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=346942 Penalty under Rule 13 of the Cenvat Credit Rules, 2002 cannot stand where the show cause notice was confined to alleged wrongful availment of Cenvat credit and the principal demand on that allegation was dropped. The notice did not separately propose penalty on the distinct issue of delayed receipt of goods from job workers, so the penal foundation disappeared once the substantive credit demand failed. The assessee's reversal of credit and prior payment of interest supported its case, but the decisive reason was the absence of any surviving basis for penalty. The penalties were therefore set aside. Case-Laws Central Excise Fri, 18 Aug 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=346942