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2017 (3) TMI 505 - AT - Central ExciseCENVAT credit - repair and maintenance undertaken in the residential colony of the employees - Held that: - no evidence has been produced that cost of maintenance of townships is included in the cost of production for arriving at the assessable value - credit rightly denied. Interest - Held that: - the same is compensatory in nature - reliance placed in the case of Pratibha Processors Vs. UOI [1996 (10) TMI 88 - SUPREME COURT OF INDIA], where it was held that The levy of interest is geared to actual amount of tax withheld and the extent of the delay in paying the tax on the due date - demand of interest upheld. Penalty - Held that: - appellants are a public sector undertaking and there are no allegations in the show cause notice that there is any fraud or collusion involved in this case - penalty withheld. Appeal disposed off - decided partly in favor of appellant.
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