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2011 (11) TMI 338 - AT - Central ExciseNon-availability of modvat credit in respect of supporting structural – availed first installment in 05-06 & second installment in April 2007 - on objection being raised by the jurisdictional Central Excise authorities reversed the Ist installment but IInd installment was not reversed – Held that:- Since the period in the present case, is prior to declaration of law by the larger bench in 2010, when other decisions in favour of the assessee, the appellant cannot be held guilty for contravention so as to invoke penalty provisions against them. Duty is confirmed & penalty is set aside – Partly in favor of assessee.
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