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Central Excise - Highlights / Catch Notes

Home Highlights October 2020 Year 2020 This

Levy of Penalty - disallowance of CENVAT Credit - Only for the ...


Penalty Challenged for CENVAT Credit Disallowance; BALCO Entitled to Benefits; Extended Limitation Period Unwarranted.

October 21, 2020

Case Laws     Central Excise     AT

Levy of Penalty - disallowance of CENVAT Credit - Only for the reason that VAL instead of contesting the show cause notice went for settlement before the Settlement Commission, no adverse inference can be drawn against the appellant BALCO - The benefit of N/N. 214/86-CE was available to BALCO i.e. they could have received calcined alumina from VAL without payment of duty, as prescribed. Further, the extended period of limitation is not warranted in the facts and circumstances, there being no suppression of facts or attempt to evade duty, etc. - AT

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