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    <title>2010 (8) TMI 342 - CESTAT, BANGALORE</title>
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    <description>Capital goods credit on aluminium tables was held allowable where the goods were received under excise invoices assessed under Chapter Heading 8537, because the recipient&#039;s authority could not re-open or alter the supplier&#039;s classification at the receiver&#039;s end. Interest on wrongly availed Cenvat credit was held not payable where the credit remained unutilized and was reversed before use, as interest is compensatory and arises only when inadmissible credit is actually used to defer duty. Penalty under Rule 13 of the Cenvat Credit Rules, 2002 read with section 11AC was also held unsustainable because the credit was not utilized, was reversed when pointed out, and no fraud, suppression, or intent to evade duty was established.</description>
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    <pubDate>Fri, 13 Aug 2010 00:00:00 +0530</pubDate>
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      <title>2010 (8) TMI 342 - CESTAT, BANGALORE</title>
      <link>https://www.taxtmi.com/caselaws?id=202884</link>
      <description>Capital goods credit on aluminium tables was held allowable where the goods were received under excise invoices assessed under Chapter Heading 8537, because the recipient&#039;s authority could not re-open or alter the supplier&#039;s classification at the receiver&#039;s end. Interest on wrongly availed Cenvat credit was held not payable where the credit remained unutilized and was reversed before use, as interest is compensatory and arises only when inadmissible credit is actually used to defer duty. Penalty under Rule 13 of the Cenvat Credit Rules, 2002 read with section 11AC was also held unsustainable because the credit was not utilized, was reversed when pointed out, and no fraud, suppression, or intent to evade duty was established.</description>
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      <pubDate>Fri, 13 Aug 2010 00:00:00 +0530</pubDate>
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