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    <title>2018 (9) TMI 5 - CESTAT MUMBAI</title>
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    <description>Wrongful availment of CENVAT credit in respect of exempted clearances justified imposition of penalty because the irregular credit was not permitted under the applicable regime, even though liability had been discharged later. The penalty was sustained in principle, but the quantum was found excessive on the facts and was reduced in light of the surrounding circumstances and the amount already paid. Partial relief was therefore granted by moderating the penalty while preserving the penal consequence for unauthorised credit availment.</description>
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      <link>https://www.taxtmi.com/caselaws?id=366269</link>
      <description>Wrongful availment of CENVAT credit in respect of exempted clearances justified imposition of penalty because the irregular credit was not permitted under the applicable regime, even though liability had been discharged later. The penalty was sustained in principle, but the quantum was found excessive on the facts and was reduced in light of the surrounding circumstances and the amount already paid. Partial relief was therefore granted by moderating the penalty while preserving the penal consequence for unauthorised credit availment.</description>
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