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    <title>2014 (6) TMI 487 - CESTAT NEW DELHI</title>
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    <description>Cenvat credit that had lapsed on 01.04.2008 could not be used in June 2008 to discharge duty said to arise on March 2008 clearances, because the credit had ceased to be available after transition to exemption. The duty demand and interest against the paper division were therefore sustained, although the penalty was set aside for lack of conclusive proof of deliberate misuse. Credit availed by the steel division on the strength of duty paid from lapsed credit was not sustainable and had to be reversed, but penalty on that division was also set aside for want of evidence of knowing participation.</description>
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      <link>https://www.taxtmi.com/caselaws?id=248583</link>
      <description>Cenvat credit that had lapsed on 01.04.2008 could not be used in June 2008 to discharge duty said to arise on March 2008 clearances, because the credit had ceased to be available after transition to exemption. The duty demand and interest against the paper division were therefore sustained, although the penalty was set aside for lack of conclusive proof of deliberate misuse. Credit availed by the steel division on the strength of duty paid from lapsed credit was not sustainable and had to be reversed, but penalty on that division was also set aside for want of evidence of knowing participation.</description>
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