2018 (2) TMI 1315 – GUJARAT HIGH COURT – TMI – Whether the penalty under Rule 15(2) Cenvat Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944 which is mandatory in nature can be waived by the CESTAT?
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Held that: – the Tribunal noted that there were different views of the High Court on the issue of taxability itself – The judgement of the Tribunal seems to be suggesting that the issue itself was not free from doubt. In any case, there is no establishment of allegations of willful fraud on the part of the assessee.
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Appeal dismissed. – Tax Appeal No. 1036 of 2017 Dated:- 15-2-2018 – MR. AKIL KURESHI AND MR. B. N. KARIA, JJ. For The Appellant : Mr Sudhir M Mehta, Advocate ORAL ORDER (PER : HONOURABLE MR.JUSTI
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