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2014 (3) TMI 163 - CESTAT CHENNAIAvailment of CENVAT Credit - Penalty u/s 11AC - Invocation of extended period of limitation - Held that:- On perusal of the ER-1 returns, it is seen that the appellant had mentioned availment of the CENVAT credit on angles, channels, plates etc. with the supplier s name. It is noted that the appellant availed the credit during the period December 2007 to April 2009, when there was a dispute regarding the eligibility of CENVAT credit on these items - it is clearly apparent that there was a dispute of eligibility of credit on the items and the appellant declared these items in their ER-1 return. - if there is a conflicting opinion of Benches of Tribunal due to which it cannot be said that CENVAT credit wrongly taken or in contravention of provision of rules, no penalty can be imposed under Section 11AC - I modify the impugned order insofar as the demand of duty for the extended period of limitation and the penalty are set aside and the demand of duty for the normal period is upheld - Decided partly in favour of assessee.
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