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2017 (8) TMI 150 - AT - Central ExciseCENVAT credit - procurement of capital goods from 100% EOU - lower authorities held that the appellants are not eligible to take credit of basic custom duty, as the same is not one of the listed duties in terms of Rule 3 of CCR, 2004 - Held that: - There is no provision to take credit of basic customs duty, though the same would have been part of aggregate duty paid by EOU at the time of clearance of capital goods to the appellants - The second proviso is inserted under Rule 3 (7) (a) of the CCR w.e.f. 7.9.2009 vide notification 22 of 2009 CE(NT). It makes the position clear regarding credit availability in the present case - credit not allowed. Penalty - Held that: - there is no reason for imposition of penalty on the appellant for availing such credit. The issue involved is one of interpretation of the legal provisions of technical nature. The credits availed were reflected in the records as well as returns filed by the appellant - penalty imposed on the appellants is set aside. Appeal allowed - decided partly in favor of appellant.
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