Penalty for Wrongful CENVAT Credit Availment Removed Due to Lack of Justification u/r 15(1.

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....Penalty - wrong availment of cenvat credit - The intention as to fraud, suppression of facts, etc., are relevant for the penalty under Rule 15 (3) and hence, the Revenue has not made out any case to rope-in Rule 15 (1) which deals with a different situation altogether - there is no scope to sustain even the reduced penalty and accordingly, the same is directed to be deleted in toto. - AT....