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    <title>2015 (6) TMI 536 - CESTAT NEW DELHI</title>
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    <description>Cenvat credit of Additional Duty of Excise paid on inputs before 1 March 2003 could be taken after that date under the amended regime, where the governing circular also permitted such utilisation. Denial could not rest on a ground not alleged in the show cause notice, especially where the notice proceeded only on the basis that pre-1 March 2003 duty could not be claimed later. The commentary further notes that an earlier decision in the assessee&#039;s own case had already accepted entitlement for a prior period, reinforcing the same treatment for the later period. On that basis, credit, interest and penalty were unsustainable.</description>
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    <pubDate>Thu, 26 Feb 2015 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=260611</link>
      <description>Cenvat credit of Additional Duty of Excise paid on inputs before 1 March 2003 could be taken after that date under the amended regime, where the governing circular also permitted such utilisation. Denial could not rest on a ground not alleged in the show cause notice, especially where the notice proceeded only on the basis that pre-1 March 2003 duty could not be claimed later. The commentary further notes that an earlier decision in the assessee&#039;s own case had already accepted entitlement for a prior period, reinforcing the same treatment for the later period. On that basis, credit, interest and penalty were unsustainable.</description>
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      <pubDate>Thu, 26 Feb 2015 00:00:00 +0530</pubDate>
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