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2017 (6) TMI 154 - AT - Central ExciseCENVAT credit - inputs procured from 100% EOU - credit availed in excess of the amount actually eligible - Held that: - the impugned order is not sustainable in law as the same has been passed based on the original assessable value indicated in the said two invoices No.141 dated 18.7.2007 and Invoice No.197 dated 23.8.2007 and not taking into account the revised assessable value - also, it was found that subsequently during December 2007, a certificate was received from the supplier M/s. Mahima Life Sciences Pvt. Ltd., a 100% EOU and it was duly certified by the jurisdictional Superintendent in-charge of the 100% EOU on 18.12.2007. The appellants have only availed CENVAT credit but have not utilized the same as there was sufficient balance lying in the CENVAT credit during the relevant period and therefore, the appellants are not liable to pay interest and penalty. Since there was some procedural violation committed by the appellant, therefore a nominal penalty of ₹ 5,000/- is imposed under 15 of CCR, 2004 on the appellant - appeal allowed - decided in favor of appellant.
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