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2015 (10) TMI 356 - SUPREME COURT

2015 (10) TMI 356 - SUPREME COURT - 2015 (323) E.L.T. 644 (SC) - Denial of concessional rate of duty - Imposition of interest and penalty - Non fulfilment of conditions of notification - whether the respondent/assessee is entitled to the benefit of Notification No. 10/02-CE dated 01.03.2002 - Held that:- It is an admitted case that duty was neither paid in cash nor through account current as the duty was paid through CENVAT Credit Account and therefore the assessee did not fulfill the second con .....

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viz to pay the duty either in cash or through account current if it wanted to avail the benefit of exemption notification and not through adjustment of CENVAT Credit which is not the mode prescribed in the aforesaid conditions. Once we find that the conditions have not been fulfilled the obvious consequence would be that the assessee was not entitled to the benefit of this notification. - However, Since the mistake is a bonafide mistake, Interest and penalty would not be charged - Decided partly .....

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L. Charanya, Adv. ORDER The short question involved in the present case is as to whether the respondent/assessee is entitled to the benefit of Notification No. 10/02-CE dated 01.03.2002. As per this notification the concessional rates of duty on excisable goods of the description specified in column 3 of the table contained in the very said notification was payable. Goods manufactured by the assessee are mentioned at serial no. 35. It included the goods falling under Chapter or Heading No. or Su .....

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No credit of the duty paid on (a) inputs; or (b) capital goods exclusively, used in the manufacture of these goods has been taken under Rule 3 or Rule 11 of the CENVAT Credit Rules, 2002; and (ii) the duty is paid in cash or through account current. It is not in dispute that the assessee fulfilled the first condition. The dispute pertains to second condition. The second condition mentioned above clearly spells out that to avail the benefit of this notification, duty was to be paid in cash or thr .....

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