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2016 (11) TMI 922 - AT - Central ExciseInterest on the 50% amount of the credit availed and also imposition of penalty for violation of rules - capital goods and not inputs - Held that: - I find that the disputed items are in the nature of consumables and there can be a doubt regarding the same being classified as inputs or capital goods under the Cenvat Credit Rules. The appellants were undisputedly entitled to the credit, however the category could have been either “inputs” or “capital goods’. They have paid the interest on the part of credit availed earlier. In these circumstances, I find that there is no justification for imposing any penalty. The appeal is allowed.
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