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    <title>2019 (3) TMI 1373 - CESTAT CHANDIGARH</title>
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    <description>Education cess and higher education cess credit earned before 01.03.2015 could not be used to pay duty, so the duty demand and interest were sustained. The Tribunal followed its prior decisions on the ineligibility of such credit for duty payment and rejected the challenge to the demand. Penalty, however, was waived because the assessee&#039;s utilisation was found to have been based on a bona fide belief, including in the context of Notification No. 12/15-CE dated 13.04.2015. The fiscal liability remained intact, but the penal consequence was removed, granting partial relief.</description>
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      <link>https://www.taxtmi.com/caselaws?id=377352</link>
      <description>Education cess and higher education cess credit earned before 01.03.2015 could not be used to pay duty, so the duty demand and interest were sustained. The Tribunal followed its prior decisions on the ineligibility of such credit for duty payment and rejected the challenge to the demand. Penalty, however, was waived because the assessee&#039;s utilisation was found to have been based on a bona fide belief, including in the context of Notification No. 12/15-CE dated 13.04.2015. The fiscal liability remained intact, but the penal consequence was removed, granting partial relief.</description>
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