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2016 (2) TMI 1028 - AT - Central ExciseDenial of Cenvat credit - Penalty - Rule 15 of the CCR - Held that: - authorities below have observed that the appellant has conceded on the merits of the case with regard to entitlement to the Cenvat credit availed by the appellant. Both the authorities below agreed to impose penalty on the appellant by invoking extended period of limitation without alleging the intention of the appellant to avail Cenvat credit - This is factually contrary to the facts of the case and grounds taken by the appellant in the appeal before the ld. Commissioner (A). I find that the appellant has taken Cenvat credit on the higher education cess of duty paid by them, therefore, I hold that appellant is entitled to take Cenvat credit on account of the education cess paid by them. I also hold that on capital goods, the appellant is entitled to take Cenvat credit 50% of the first year and remaining in the next year - Appeal allowed - decided in favor of the assessee.
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