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2015 (5) TMI 97 - AT - Central ExciseDenial of cenvat credit - Revenue put an allegation that suppliers had included the freight and insurance charges upto the point of delivery and passed on higher duty amount. - Held that:- As the issue is identical and the input suppliers are also same, the ratio of the above Hon'ble High Court order is applicable to the facts of the present case. By respectfully following the ratio of the decisions rendered in Hon ble Tribunal s decision (2008 (12) TMI 595 - CESTAT, NEW DELHI) and Hon ble High Court order (2010 (7) TMI 227 - PUNJAB AND HARYANA HIGH COURT), the appellants correctly availed the credit and the demand on reversal of credit is not sustainable. Consequently, the imposition of equal penalty on the main appellant and imposition of penalty on M/s.Guwahati Carbon Ltd. and M/s. Brahmaputra Carbon Ltd. under Rule 13 of CCR does not survive and liable to be set aside. Accordingly, the impugned orders are set aside - Decided in favour of assessee.
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