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    <title>2017 (10) TMI 15 - CESTAT BANGALORE</title>
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    <description>Recovery under Rule 14 of the Cenvat Credit Rules applies only where Cenvat credit was wrongly taken, wrongly utilised, or erroneously refunded. Where inputs were used in manufacture and later removed as such on payment of duty on their transaction value through reversal of credit in the Cenvat account, the credit was not wrongly taken or utilised. Recovery under Rule 14 read with Section 11D of the Central Excise Act was therefore unsustainable. The bona fide manner of duty discharge also did not support penalties; the demand and penalties were set aside.</description>
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      <link>https://www.taxtmi.com/caselaws?id=348860</link>
      <description>Recovery under Rule 14 of the Cenvat Credit Rules applies only where Cenvat credit was wrongly taken, wrongly utilised, or erroneously refunded. Where inputs were used in manufacture and later removed as such on payment of duty on their transaction value through reversal of credit in the Cenvat account, the credit was not wrongly taken or utilised. Recovery under Rule 14 read with Section 11D of the Central Excise Act was therefore unsustainable. The bona fide manner of duty discharge also did not support penalties; the demand and penalties were set aside.</description>
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      <pubDate>Wed, 27 Sep 2017 00:00:00 +0530</pubDate>
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