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2011 (11) TMI 335 - CESTAT, NEW DELHIStay - Dis-allowance of differential Cenvat credit on the ground that suppliers of the inputs have paid excess duty at the rate of 16% ad valoram instead of the applicable rate of duty of 14% ad valoram – Held that:- Rule 3(I)(i) of Cenvat Credit Rules, 2004 provides that credit of duty allowed to be taken by the recipient of the inputs is equivalent to the duty of excise specified in the schedule to the Central Excise Tariff. Inasmuch as duty required to be paid by the supplier of the goods in terms of the Excise Tariff Act was 14%, it has been held that if supplier chooses to pay higher rate, the same will not result in availability of higher credit to the recipient, they would be entitled to take Cenvat credit of duty of 14% only. - Pre deposit ordered.
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