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2012 (11) TMI 196 - AT - Central ExciseCenvat credit - empty chlorine cylinder - capital goods - cylinders was used for transport as well as storage tank – Held that:- Appellants cannot be found fault with if they entertain a bona fide belief that credit was admissible to them. Therefore extended period could not have been invoked - on limitation as well as on merits - denial of cenvat credit not justified. Penalty under Section 11AC - appellants had admitted their liability and did not contest the same before the Tribunal – Held that:- Appellants have paid the duty as well as the interest without dispute, I find that this is a fit case for invoking the provisions of Section 11A(2B) of Central Excise Act, 1944 - no penalty is imposable on the appellant
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