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2016 (12) TMI 1043 - CESTAT KOLKATACENVAT credit - certain casting and casting articles falling under chapter 73 of the Central Excise Tariff Act, 1985 - This issue was disputable during the relevant period and confronting case laws on the subject were available - Whether equivalent penalty under Rule 15(2) of the Cenvat Credit Rules, 2004; read with Section 11 AC of the Central Excise Act, 1944; is imposable upon the appellant? Held that: - The items, on which credit is taken, are used in the capital goods which are further used in the manufacturing activity. The case of the department on merits can be that this casting and casting articles are used in making of support structures for the machinery. This issue was disputable during the relevant period and confronting case laws on the subject were available. The matter was finally decided by the larger bench in the case of Vandana Global Ltd. -vs.-Commissioner of Central Excise, Raipur [2010 (4) TMI 133 - CESTAT, NEW DELHI (LB)] - Under the above factual matrix appellant cannot be visited with equivalent penalty when conflicting views were given on the admissibility of Cenvat credit of such items. Appeal allowed - penalty set aside - decided in favor of assessee.
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