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2018 (9) TMI 1439 - GUJARAT HIGH COURTCENVAT Credit - restriction on credit of duty paid availing the benefit of notification no 1 of 2011 - duty paid on import of coal - assessee claimed the duty paid at concessional rate cannot cannot be treated as duty of excise perse - proviso to rule 3(1) of CENVAT credit Rules, 2004 Held that:- It is not in dispute that the assessee has availed of the benefit of exemption notification 1 of 2011 and also the benefits under Sr.No.67 and 128 of exemption notification 12 of 2012. In that view of the matter, the above noted proviso of the Rules, would disentitle the assessee from claiming CENVAT credit. The countervailing duty would not be included in the expression “duty of excise” for the purpose of the said rule - the assessee's very foundation of claiming the benefit of CENVAT credit would disappear. Penalty - Held that:- The Appellate Authority had noted that correct facts were suppressed by the assessee from the department and the reversal of payment of duty was made only after it was pointed out by the audit - Penalty upheld. Appeal dismissed.
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