https://www.taxtmi.com/caselaws?id=371948 Penalty could not be sustained where Cenvat credit, though wrongly availed, was not utilised and had been reversed before the show cause notice. In the absence of cogent evidence of fraud, misrepresentation, or any positive act showing intent to evade duty, invocation of suppression of facts was not justified. Mere reference to the clarity of the rules was insufficient to establish the penal foundation, particularly since the duty liability had otherwise been regularly discharged. The assessee therefore succeeded on the penalty issue. en-us Mon, 12 Nov 2018 00:00:00 +0530 Sat, 15 Dec 2018 09:57:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=371948 Penalty could not be sustained where Cenvat credit, though wrongly availed, was not utilised and had been reversed before the show cause notice. In the absence of cogent evidence of fraud, misrepresentation, or any positive act showing intent to evade duty, invocation of suppression of facts was not justified. Mere reference to the clarity of the rules was insufficient to establish the penal foundation, particularly since the duty liability had otherwise been regularly discharged. The assessee therefore succeeded on the penalty issue. Case-Laws Central Excise Mon, 12 Nov 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=371948