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    <title>2026 (2) TMI 395 - CESTAT CHENNAI</title>
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    <description>Issuance of excise-duty invoices without physical delivery was held to attract a cenvat credit penalty; liability of the invoice issuer arises irrespective of whether the recipient actually availed credit. The adjudicating findings of culpability were upheld, but the tribunal exercised discretion to moderate penalty quantum based on gravity, number of instances, admitted benefit and mitigating factors, concluding uniform percentage penalties were untenable. Consequentially, findings were sustained and penalties were reduced to specified amounts for the respective appellants, and the appeals were partly allowed and disposed accordingly.</description>
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      <link>https://www.taxtmi.com/caselaws?id=786200</link>
      <description>Issuance of excise-duty invoices without physical delivery was held to attract a cenvat credit penalty; liability of the invoice issuer arises irrespective of whether the recipient actually availed credit. The adjudicating findings of culpability were upheld, but the tribunal exercised discretion to moderate penalty quantum based on gravity, number of instances, admitted benefit and mitigating factors, concluding uniform percentage penalties were untenable. Consequentially, findings were sustained and penalties were reduced to specified amounts for the respective appellants, and the appeals were partly allowed and disposed accordingly.</description>
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