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2017 (2) TMI 193 - AT - Central ExciseCenvat credit - Penalty - Rule 26 of Central Excise Rules, 2002 - Held that: - I find that in respect of recovery of Cenvat credit of ₹ 1,87,056/- & ₹ 1,48,431/-, I accept the arguments putforth by counsel for M/s Manohar Lal Hira Lal Ltd. that there were no allegations in the said Show Cause Notice that the inputs were non-duty paid that the inputs were not received in the factory that the inputs were not issued for production. It is settled law that if there are no allegations about duty paid nature of inputs, inputs having received in factory and issued for production, Cenvat credit cannot be denied. I also accept the arguments putforth by counsel for M/s Manohar Lal Hira Lal Ltd. that demand of Central Excise duty of ₹ 3,47,575/- was worked out on the goods which had not reached RG-1 stage. Therefore, I set aside that part of the order of Commissioner (Appeals) through which confirmation of demand of ₹ 3,47,575/- was upheld - decided in favor of the assessee.
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