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2018 (5) TMI 115 - CESTAT AHMEDABADCENVAT credit - capital goods - Tower and Tower materials - assessee failed to make any observation that this credit should have been spread over in two financial years - interest - penalty - Held that: - the respondents are liable to pay interest for taking the credit of 50% of credit in advance on the capital goods allowed by the learned Commissioner - to ascertain the quantum of interest the matter is remanded to the learned Commissioner - matter on remand. Penalty u/r 15(1) of the CCR 2004 - Held that: - penalty itself is not imposable in view of the judgment of the Hon'ble Gujarat High Court in the case of Asstt. Commissioner of Central Goods & Service Tax, Division-VIII (Vejalpur) Vs. Vodafone Essar Gujarat Ltd. [2017 (10) TMI 82 - GUJARAT HIGH COURT] - penalty set aside. Appeal disposed off.
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