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2017 (10) TMI 271 - AT - Central ExcisePenalty - CENVAT credit - input services common for manufacturing activity and for the trading activity - case of appellant is that the penalty imposed u/r 15 of the CCR, 2004 read with Section 11 AC of the CEA is erroneous as the penalty can be levied only by authority of statutory law and provisions of Section 37 expressively authorise levy of penalty - whether the appellant is eligible to avail the entire CENVAT credit of the common input services which are utilised for manufacturing and trading activity? - Held that: - the decision of the Hon’ble High Court of Madras in the case of M/s Ruchika Global Interlink [2017 (6) TMI 635 - MADRAS HIGH COURT] is directly on the point wherein it was held that Having regard to the rule position and given the admitted fact that no separate accounts were maintained by the appellant, with regard to the taxable and non taxable services, clause (c) of sub rule 3 of rules 6 of 2004 Rules would apply - reversal of credit upheld - penalty upheld - appeal dismissed - decided against appellant.
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