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2010 (8) TMI 765 - AT - Central ExciseCenvat credit - Import of inputs and components and moulds and took credit of special additional duty of customs paid at 4% ad valorem on the imported goods - When the officers visited the factory and pointed out that they were not eligible for the credit of special additional duty, the appellants promptly reversed the credit and paid the interest – Held that:- In view of nomenclature of the levy of additional duties in lieu of sales tax and local levies being “additional duties” they have taken credit bona fidely as they believed that all additional duties were eligible as credit - details of credit taken were furnished by them in the returns submitted by them - no mala fide in the conduct of the appellants - question of invoking the provisions of Section 11AC to impose a mandatory penalty does not arise - appeal is allowed
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