2011 (11) TMI 571

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..... , when there is no knowable breach of law on record, levy of penalty of Rs. 25,000/- was unwarranted since levy is not sanctioned by Rule 15 of Cenvat Credit Rules, 2004 in absence of intention to evade payment of duty or to make any wilful contravention of any provision of law - Decided against Revenue. - E/455/2009-SM(BR) and Cross Objection No. E/CO/85/2009 - Final Order No. 893/2011-SM(BR)(PB .....

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..... ayment or excise duty can be utilized for discharge of liability of either description. 3. Learned D.R. on the other hand, submits that learned Commissioner (Appeals) is incorrect to hold that transfer of amount from PLA to Cenvat credit account was proper. He supports the penal aspect levied by the first appellate authority. 4. In the course of cross-objection the respondent submits that th .....

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