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2012 (2) TMI 430 - AT - Central ExciseDenial of CENVAT Credit - Cenvat credit on outward freight - Held that:- The period involved in this case is from April, 2008 to September, 2008. Both sides agree that there is no challenge to the demand confirmed in this case. I find that provisions of the ingredients of suppression of facts, etc., envisaged under proviso to Section 11A and under Section 11AC have not been invoked in this case. I also find force in the contention of the appellants that they were under bona fide belief that the provisions relating to credit on outward freight was not clear and they have availed the credit only under bona fide belief and the matter relates to interpretation of law. Therefore penalty is not imposable under Section 11AC of Central Excise Act, 1944 and Rule 15 of Cenvat Credit Rules, 2004 - Decided in favour of assessee.
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