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2010 (1) TMI 709 - GUJARAT HIGH COURTDemand and Penalty - Assessee has decided to clear the CR coils in the domestic market, it paid duty on HR coils used in the CR coils, but instead of taking credit in Cenvat Credit account, it took credit in PLA - There was no dispute about the fact that the respondent assessee was eligible for credit on duty paid on CR coils - That was the only mistake that the assessee took the credit in PLA instead of Cenvat credit account, and for this, demand of duty more than Rs.1 crore has been confirmed against the assessee - The Tribunal has, therefore, taken the view that it is only a minor procedural mistake on the part of the respondent assessee - The Tribunal, therefore, felt that the duty demand and imposition of penalty are not justifiable - Order of Tribunal sustained.
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