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2017 (10) TMI 1116 - AT - Central ExciseCENVAT credit - outward freight - whether appellant is eligible to avail CENVAT credit of service tax paid on outward freight paid by him during 2010-11 to December 2012 and for the month of March 2013? - Held that: - all clearances to their purchasers were ex-works of the recipient of the goods (free of road) - appellants are eligible to avail the CENVAT Credit of the service tax paid on outward freight transaction value - matter is remitted back to the adjudicating authority for limited purpose of arriving at the quantum of CENVAT that is available to the appellant on the service tax paid on the outward freight under transaction value as per the Section 4 of the Central Excise Act. Liability of interest - Held that: - based upon the quantum which has been arrived at by the adjudicating authority, the appellant has to discharge the interest on the amount of CENVAT credit which has been held ineligible. Penalty - Held that: - since the issue is of interpretation, there is no warrant to visit the appellant with any penalties. Appeal allowed by way of remand.
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