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2011 (6) TMI 520 - AT - Central ExciseCenvat credit - suppression/under-valuation - M/s. CPCL has approached to the Settlement Commission and without accepting the allegation in the show-cause notice, opted to settle the matter by paying duty and the interest which has been considered by the Settlement Commission while settling the issue wherein M/s. CPCL has been given immunity from penalty and prosecution. Therefore, the allegation of suppression has not attained finality as the same has not been adjudicated – Held that:- By approaching to the Settlement Commission, the allegation has not been proved against M/s. CPCL, as the allegation of the show-cause notice remained unproved. As the allegation against M/s CPCL has not been proved, the denial of CENVAT credit under Rule 9(1)(b) to the appellant is not sustainable. appeal allowed
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