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2015 (10) TMI 2520 - AT - Central ExciseCenvat credit - Violation of provisions of Cenvat credit rules read with rule 2(iii) of Notification No. 8/2003 - Appellant took credit prior to 18/11/2009, date from which SSI exemption limit has been exceeded - Held that:- the appellant have only taken and not utilized the Cenvat credit prior to 18/11/09, when it started paying tax on the clearances, I hold that it is only a venial breach of the provisions. In such circumstances the substantial benefit should not be denied to the appellant. Accordingly this issue is decided in favour of the appellant and the appellant is held entitled to the Cenvat credit so availed. However, as the appellant have made venial breach of the provisions, the penalty of ₹ 5000/- imposed under Rule 27 is confirmed. - Decided partly in favour of assessee
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