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Central Excise - Highlights / Catch Notes

Home Highlights December 2022 Year 2022 This

Levy of penalty - availing 100% credit instead of 50% and ...


Penalty Challenged for Excess Credit on Capital Goods; Section 11A(2B) Cited, No Malintent Found by Appellant.

December 13, 2022

Case Laws     Central Excise     AT

Levy of penalty - availing 100% credit instead of 50% and remaining 50% to be availed in the next Financial year in respect of capital goods - In this fact the case should have been concluded, on the basis of appellant’s reversal of excess credit of 50% along with payment of interest thereon which could have resulted into non issuance of SCN and consequently no penalty should have been imposed. Therefore, in this fact since there is no mala fide on the part of the appellant, the case is clearly covered by Section 11A(2B). - AT

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