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2016 (12) TMI 1329 - CESTAT BANGALORECENVAT credit - Rule 6 of Cenvat Credit Rules, 2004 - demand with interest and penalty - Held that: - the issue is squarely covered in favor of the Revenue by the judgment of the Hon’ble Madras High Court in the case of M/s. FL Smidth Pvt. Ltd. Versus The Commissioner of Central Excise [2014 (12) TMI 699 - MADRAS HIGH COURT], where on similar activities credit was denied. As far as the imposition of interest and penalty is concerned, since the appellant has not declared in their ST3 Return that input service credit was used in relation to trading and this amounts to suppression of facts and, therefore, extended period is correctly invoked as the appellant has followed the self assessment procedure and are taking credit on their own. Appeal dismissed - decided against appellant-assessee.
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