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2015 (10) TMI 1690 - AT - Central ExciseDuty demand - Shortage of finished goods - admissibility of cenvat credit on duty paid on the inputs received from 100% EOU - SAD - Credit on education cess - Held that:- Appellant has relied upon the judgment of CESTAT Mumbai in the case of Emcure Pharmaceuticals Limited vs. CCE, Pune (2008 (1) TMI 147 - CESTAT, MUMBAI). No contrary judgment has been brought on record by the learned AR with respect to non admissibility of cenvat credit of education cess paid during the relevant period. Respectfully following the case law of Emcure Pharmaceuticals Limited vs. CCE Pune, I hold that cenvat credit of education cess of ₹ 60,291/- is admissible to the appellant - credit of ₹ 2,02,993/- with respect to SAD is admissible to the appellant. It is also observed from the case records that appellant has paid the entire amount of duty/ cenvat credit demanded in the show cause notice along with 25% of penalty. In view of the cenvat credit allowed with respect to education cess and SAD, the amount of remaining cenvat credit disallowed and quantum of 25% penalty is required to be reworked out. The same should be carried out by the adjudicating authority within a month from the date of receipt of this order under intimation to the main appellant. - However, penalty imposed is reduced - Decided partly in favour of assessee.
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