TMI Blog2017 (10) TMI 82X X X X Extracts X X X X X X X X Extracts X X X X ..... nvat credit on such inputs was available, claimed the same with full knowledge of the department, merely because eventually such credit was disallowed, would not give rise to penalty proceedings - appeal dismissed - decided against Revenue. - TAX APPEAL NO. 761 of 2017 - - - Dated:- 28-9-2017 - MR. AKIL KURESHI AND MR. BIREN VAISHNAV For The Appellant : Priyank P Lodha, Advocate ORAL ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tment disputed such stand of the assessee and had been issuing periodic demand notices contending that the towers, tower parts, prefabricated buildings/shelters do not fall as defined in rule 2(k) of CENVAT Credit Rules, 2004, since they are immovable structures and therefore, cannot be considered as goods. The assessee relied on the decision of this Court in case of Mundra Ports Special Econo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... #39;s judgment that the department has challenged before us. 3. Having heard learned counsel for the department and having perused the documents on record, it emerges that the claim of the assessee for input credit on parts used for construction of fixed and semifixed structures was highly debatable one. The case of the department is that the assessee did not make proper disclosures. The issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Learned counsel for the department submitted that the penalty was imposed under rule 15 of the CENVAT Credit Rules. Subrule (1) thereof provides that if any person takes cenvat credit in respect of input of capital goods wrongly or without taking reasonable steps to ensure that the appropriate duty on the said input or capital goods has been paid or contravene any of the provisions of the rules i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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