<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2018 (11) TMI 492 - CESTAT MUMBAI</title>
    <link>https://www.taxtmi.com/caselaws?id=370149</link>
    <description>Education cess paid on inputs was held not to qualify automatically as CENVAT credit under the CENVAT Credit Rules, 2004, because a levy collected under another enactment does not become credit unless the rules expressly extend that benefit. The Tribunal therefore sustained denial of the credit and the consequential interest liability. On penalty, it found that the credit had not been utilised and that the legal position was uncertain at the relevant time, so the availment was not treated as a deliberate attempt to evade duty. Penalty was therefore set aside as unwarranted.</description>
    <language>en-us</language>
    <pubDate>Tue, 06 Nov 2018 00:00:00 +0530</pubDate>
    <lastBuildDate>Mon, 12 Nov 2018 07:05:47 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=541393" rel="self" type="application/rss+xml"/>
    <item>
      <title>2018 (11) TMI 492 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=370149</link>
      <description>Education cess paid on inputs was held not to qualify automatically as CENVAT credit under the CENVAT Credit Rules, 2004, because a levy collected under another enactment does not become credit unless the rules expressly extend that benefit. The Tribunal therefore sustained denial of the credit and the consequential interest liability. On penalty, it found that the credit had not been utilised and that the legal position was uncertain at the relevant time, so the availment was not treated as a deliberate attempt to evade duty. Penalty was therefore set aside as unwarranted.</description>
      <category>Case-Laws</category>
      <law>Central Excise</law>
      <pubDate>Tue, 06 Nov 2018 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=370149</guid>
    </item>
  </channel>
</rss>