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2018 (11) TMI 1378 - AT - Central ExciseQuantum of demand - appellant are claiming that there is some discrepancy in the demand confirmed to the tune of ₹ 2,28,032/-, whereas as per their calculation, the total demand should have been ₹ 1,55,768/- - Held that:- The issue is covered by the judgment of the Hon’ble Supreme Court in the case of Commissioner of Central Excise, Belgaum vs. Vasavadatta Cements Ltd. [2018 (3) TMI 993 - SUPREME COURT]. In the aforesaid judgment the Hon’ble Supreme Court has held that w.e.f 01.04.2008, the cenvat credit is available only upto the place of removal. The demand of duty alongwith interest is upheld and since the dispute relates to interpretation of statutory provisions and there were diverse decisions of various High Courts and the matter has recently been stayed at rest by the Hon’ble Supreme Court, the imposition of penalty in the present case is not warranted - the penalty imposed under Rule 15(2) of the Cenvat Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944 is set aside. Regarding the dispute of quantum of demand, the matter is remanded to the adjudicating authority to verify the documents of the assessee in respect of their claim and to pass an order in accordance with law - Appeal allowed in part.
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