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    <title>2019 (7) TMI 1807 - CESTAT KOLKATA</title>
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    <description>The Tribunal upheld the demand for CENVAT credit but found the imposition of penalty unwarranted as the disputed amount was paid before the show-cause notice, and there was no evidence of fraud. The appellant&#039;s argument that interest and penalty should not apply as they had reversed the disputed amount from their CENVAT register before utilization was rejected. The Tribunal determined that interest was justified due to the incorrect availing of credit. The appeal was partly allowed, with the penalty being removed based on compliance with payment before the notice and the absence of fraudulent intent.</description>
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    <pubDate>Thu, 04 Jul 2019 00:00:00 +0530</pubDate>
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      <title>2019 (7) TMI 1807 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=295028</link>
      <description>The Tribunal upheld the demand for CENVAT credit but found the imposition of penalty unwarranted as the disputed amount was paid before the show-cause notice, and there was no evidence of fraud. The appellant&#039;s argument that interest and penalty should not apply as they had reversed the disputed amount from their CENVAT register before utilization was rejected. The Tribunal determined that interest was justified due to the incorrect availing of credit. The appeal was partly allowed, with the penalty being removed based on compliance with payment before the notice and the absence of fraudulent intent.</description>
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      <pubDate>Thu, 04 Jul 2019 00:00:00 +0530</pubDate>
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