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Sidhi Vinayak Induction Pvt. Ltd Versus C.C.E, & S.T. -Jaipur-I

CENVAT credit - inputs/capital goods - M.S. Angles, H.R. Coils, Sections, Joints, Channels, Cements etc. - penalty - Held that: - the issue regarding entitlement of cenvat credit on disputed goods were highly debatable and the Larger Bench of this Tr .....

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rom 15.04.2008 to 19.01.2009, which is prior to the date of amendment of Rule 2(k) ibid and also pronouncement of the decision by this Tribunal in the case of Vandana Global - malafides cannot be attributed for imposition of penalty on the appellant. .....

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h ORDER Per: S.K. Mohanty This appeal is directed against the impugned order dated 06.09.2013 passed by the Commissioner (Appeals), Customs and Central Excise, Jaipur, upholding confirmation of cenvat demand along with the interest and penalty impose .....

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had availed cenvat credit of Central Excise duty paid on M.S. Angles, H.R. Coils, Sections, Joints, Channels, Cements etc., treating the same as capital goods. Taking of cevant credit was disputed by the department on the ground that the disputed go .....

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He submits that the prayer of the appellant is for setting aside the penalty imposed by the authorities below. To support such stand, the Ld. AR submits that there were divergent views by different judicial forums regarding entitlement of cenvat cre .....

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statement etc, with intention to avail fraudulent cenvat credit, penalty cannot be imposed under Section 11AC of the Central Excise Act, 1944 read with Rule 15(2) of the Cenvat Credit Rules, 2004. 4. On the other hand, the Ld. DR appearing for the re .....

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