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2017 (11) TMI 1478 - AT - Central ExciseArea Based exemption - N/N. 56/2002-CE dated 14.11.2002 - substantial expansion - The department proceeded to deny the Cenvat credit availed by the appellant amounting to ₹ 2,19,69,001/- on goods procured from M/s Ritzy Polymers which were cleared availing the benefit of N/N. 1/2010 - Held that: - availment under N/N. 1/2010 is in dispute which is yet to be settled. However, the alternate plea that they would have been entitled to N/N. 56/2002 upto 05.09.2014 appears to have been considered and permitted by the jurisdictional Central Excise authorities. If that is so, then there will be no justification to deny the Cenvat credit availed by the appellant on goods received from M/s Ritzy Polymers - matter remanded for verifying whether M/s Ritzy Polymers have been permitted to avail benefit of N/N. 56/2002 during the period under dispute. Penalty - CENVAT credit in respect of goods found short at the time of stock verification - Held that: - the disputed amount stands paid by the appellant even before issue of SCN - there is no justification to impose penalty which is set-aside. Appeal allowed in part and part matter on remand.
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