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2016 (8) TMI 778 - CESTAT HYDERABAD

2016 (8) TMI 778 - CESTAT HYDERABAD - TMI - Demand - recovery of credit availed - irregularly availed 100% CENVAT Credit in the same year on capital goods viz: Ingot moulds, Forged Rolls & Metal Rolls for the period 2005-06, 2006-07 & 2007-08 - Held that:- the appellant is eligible to avail 50% credit in the subsequent year. In such case, there is no revenue loss and the availment of 100% credit in the same year of purchase is only a procedural lapse. The appellant has already paid the interest .....

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re the adjudicating authority's order dated 29.10.2009. Taking into account the evidence and the fact that appellant has paid the interest and penalty, I am of the view that the demand/recovery of credit availed is not sustainable. - Decided in favour of assessee - E/2628/2010 - Final Order No. A/30538/2016 - Dated:- 13-6-2016 - Ms. Sulekha Beevi, C.S. Member (Judicial) Sh. Mohd. Rahim, Advocate for the Appellant. Sh. N. Vishwas, Assistant Commissioner (AR) for the Respondent. ORDER Brief facts .....

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avail only 50% in the same financial year and the balance has to be taken in subsequent year. A show cause notice was issued demanding irregularly availed excess credit along with interest and also for proposing penalty under section 11 AC of Central Excise Act, 1944 read with Rule 15(2) of CCR, 2004. After due process of law, the original authority dropped the demand of excess availment of credit. However, the demand of interest thereon was confirmed, besides imposing penalty of ₹ 2000/- .....

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contesting the interest or penalty imposed and is contesting demand of credit availed only. He submitted that the appellant is eligible to avail the credit in the subsequent year and that therefore there is no revenue loss. At the most it would only be a procedural lapse. He pleaded that the appellant having paid interest and penalty, the demand for recovery of credit availed may be set aside. He placed reliance on the judgment rendered in Indian Oil Corporation Ltd., Vs CCE, [2005 (187) ELT 24 .....

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