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2017 (12) TMI 1492 - AT - Central ExciseCENVAT credit - panels, part of boiler - Circular No.956/09/2012 dt. 18/05/2012 - Held that: - 3 no. VFD panels are part of the boiler which is used in connection with the manufacture of final product and therefore in view of the Circular No.956/09/2012 dt. 18/05/2012, the denial of credit is not sustainable in law - credit allowed. Interest - penalty - credit taken earlier, reversed - appellant have only availed the CENVAT credit and not utilised the same and subsequently reversed - the appellants are a state government undertaking and allegation of fraud and suppression cannot be alleged against government undertaking - interest and penalty set aside - relying in the case of Commissioner Vs. Bill Forge (P) Ltd. [2011 (4) TMI 969 - KARNATAKA HIGH COURT], where it was held that if the CENVAT credit is availed but not utilised and is reversed then the assessee is not liable to pay interest. Appeal allowed - decided in favor of appellant.
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