2023 (6) TMI 1238

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....AKAN , MEMBER ( TECHNICAL ) Shri Ankit Kanodia , Advocate for the Appellant (s) Shri K.Chowdhury , Authorized Representative for the Revenue ORDER Per : P. K. CHOUDHARY : The present appeal has been filed by the Appellant, M/s Shree Brindaban Ispa tUdyog (P) Ltd challenging the imposition of penalty under Rule 26(2) of the Central Excise Rules, 2002 vide Order in appeal dated 14-12-....

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.... excise duty at the higher rate of 12.36% in the impugned period also, thereby leading to passing of ineligible credit to TIL which encashed the said amount on account of export of goods and claiming rebate of duty paid by the appellant. The show cause notice dated 25.10.2017 was issued to impose penalty on the appellant for passing ineligible benefit to TIL, which was confirmed by both the lower ....

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....he rules made there under like claiming of CENVAT credit under the CENVAT Credit Rules, 2004 or refund, shall be liable to a penalty not exceeding the amount of such benefit or five thousand rupees, whichever is greater.] 5. We find that the said rules would be applicable in case wherein ineligible Cenvat credit has been passed to recipients in cases without supply of goods and such related tra....