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2019 (11) TMI 230 - AT - Central ExciseImposition of penalty u/r 15 (1) of CCR - wrongful availment of CENVAT Credit - it was alleged that appellant company have deliberately taken cenvat credit of the full quantity of input, being of petroleum coke which was imported in one ship load vide one Bill of Entry, but on the date of taking credit, only about 1/5 of the consignment had reached the factory and about 4/5 was still in the transit or lying at the port in the ownership of the appellant company - HELD THAT:- It is a case of taking credit, part of which was rightly taken and part of which was prematurely taken. Though the same was found to be fully allowable at a later point of time after about 70 days. Admittedly there is no case of non receipt of inputs by the appellant. Further the inputs which were received in part, and the other part not received as on 30th June, 2015 was lying under the ownership of the assessee at the port or was in transit. Appeal disposed off.
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