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TMI Blog2009 (8) TMI 934X X X X Extracts X X X X X X X X Extracts X X X X ..... Counsel Shri Hemant Bajaj submits that the impediments as to grant of Cenvat credit against discharge of additional customs duty through DEPB credit earned prevailing in 2003, was removed in terms of Notification No. 28 (RE-2003)/2002-07 dated 28-1-04. Accordingly additional duty discharged using DEPB credit shall be treated as duty paid and shall entitle an assessee to Cenvat credit to the extent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y. His further submission is that there was no intention on the part of the appellant to avail Cenvat credit wrongly. 2. Ld. DR Shri Sunil Kumar points out that the issue before the ld. adjudicating authority was whether Cenvat credit was admissible when additional customs duty was not paid but adjusted through DEPB credit. Such issue arose in terms of 4.3.5 of Exim Policy 2003-07 when the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oms duty shall not entitle the appellant to Cenvat credit. But a peculiar feature that has come out to notice is that the impediment of denial of cenvat credit of additional customs duty discharged through DEPB was removed after four months of import of the goods by the appellant through a subsequent notification. ER-1 return of the appellant for the month of August had disclosed the transaction. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the Ld. Counsel. Accordingly, there shall be waiver of penalty of Rs. 5,12,730/-. In respect of penalty of Rs. 50,000/- imposed for violation of Cenvat Credit Rules, that does not call for any interference since the appellant had already availed undue benefit for a long period. Accordingly penalty of Rs. 50,000/- is confirmed. Interest liability, if any, in terms of adjudication order shall foll ..... X X X X Extracts X X X X X X X X Extracts X X X X
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