Levy of penalty - non discharge of tax liability - availment of irregular CENVAT Credit - amount already...

Levy of penalty - non discharge of tax liability - availment of irregular CENVAT Credit - amount already reversed by the appellant was proposed to be appropriated against the said demand - the amount which is ordered to have been appropriated was reversed much prior to issuance of SCN. The SCN should not have been issued in view of proviso to section 73 of the Finance Act, 1994. - No penalty - AT .....

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