2013 (12) TMI 1144

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....: Mr. M.V. Ravindaran; These stay petitions are filed for the waiver of pre-deposit of amount of penalties imposed under Rule 26 on the main appellant as well as on the individual, on the ground that they have issued documents for availment of cenvat credit without payment of the inputs, as indicated in the said documents. 2. Heard both sides and perused the records. 3. The issue involved in th....

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.... We find, Larger Bench decision of the Tribunal in the case of Steel Tubes India Limited (wherein one of us was the member) has taken a view that such penalty under Rule 209A of the Central Excise Rules, 1944, which is pari-materia to Rule 26 of the Central Excise Rules, 2002, cannot be invoked for imposing of penalty on the Company. All these arguments which have been raised by the learned counse....