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2012 (2) TMI 421 - AT - Central ExciseCenvat credit - suppression/under-valuation - M/s. CPCL has approached to the Settlement Commission and without accepting the allegation in the show-cause notice, opted to settle the matter by paying duty and the interest which has been considered by the Settlement Commission while settling the issue wherein M/s. CPCL has been given immunity from penalty and prosecution. Therefore, the allegation of suppression has not attained finality as the same has not been adjudicated – Held that:- allegations were not established at any stage and they remained allegations only. The Settlement Commission has settled the issue and not decided or established the allegations of suppression, etc. On this point, the action taken by the Appellant cannot be faulted, since the proceedings before the Settlement Commission were conclusive. So far as the availment of CENVAT Credit on the strength of supplementary invoices dated 30-6-2006 is concerned, undisputedly they have taken the credit only on 31-7-2006 on the date when the duty had been paid by M/s. CPCL - We find that in the Appellant’s own case on the same issue (2011 (6) TMI 520 - CESTAT, MUMBAI) has been decided by the Co-ordinate Bench of the Tribunal at Mumbai, while relying upon the decision in the case of Bosch Chassis Systems (India) (2008 (9) TMI 106 - CESTAT NEW DELHI). In these circumstances, since we find that the impugned Order is not sustainable - Decided in favour of assessee.
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