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    <title>2009 (4) TMI 572 - CESTAT, NEW DELHI</title>
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    <description>Cement used only as construction, repair, or maintenance material in mines was not treated as an input used in or in relation to manufacture, so modvat credit was rightly disallowed. The material was held to be building material, not something integrally connected with the manufacturing process. Penalty, however, was found unwarranted because the availment arose from a bona fide interpretative dispute and a view favourable to the assessee had continued for a considerable period. The denial of credit was sustained, while the penalty was deleted.</description>
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      <description>Cement used only as construction, repair, or maintenance material in mines was not treated as an input used in or in relation to manufacture, so modvat credit was rightly disallowed. The material was held to be building material, not something integrally connected with the manufacturing process. Penalty, however, was found unwarranted because the availment arose from a bona fide interpretative dispute and a view favourable to the assessee had continued for a considerable period. The denial of credit was sustained, while the penalty was deleted.</description>
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