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TMI Blog2019 (8) TMI 585X X X X Extracts X X X X X X X X Extracts X X X X ..... f penalty is not warranted under Rule 15(2) of the CENVAT Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944. Penalty set aside - appeal allowed - decided in favor of appellant. - E/21541/2018-SM - Final Order No. 20616/2019 - Dated:- 5-8-2019 - MR. S.S GARG, JUDICIAL MEMBER Mr. C.S. Sudheendra P. Ghali, Advocate For the Appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -14. After following the due process, the Assistant Commissioner vide order dated 21.11.2016 confirmed the demand of service tax of ₹ 19,87,864/- along with interest and imposed equal penalty. Further, the amount of ₹ 19,87,864/- paid by them was appropriated against the demand of tax. Aggrieved by the said order, appellant filed appeal before the Commissioner (A) only on equal penalty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... there was no fraud /collusion or willful mis-statement or suppression of fact established by the department in taking the CENVAT credit. 5. On the other hand, the learned AR defended the impugned order. 6. After considering the submissions of both the parties and perusal of the material on record, I find that since the appellant has reversed the CENVAT credit along w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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