No Penalty u/s 11AC: No Misdeclaration or Fraud Found in CENVAT Credit Case; Extended Period Inapplicable.

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....Levy of penalty u/s 11AC - Wrongful availment of CENVAT Credit - Even though the extended period was not invokable in the facts of the present case. The appellant have paid the said amount along with interest, which is not under contest - since there is no suppression of fact or misdeclaration, fraud or intent to evade duty on the part of the appellant, the penalty under section 11AC cannot be invoked. - AT....