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    <title>2019 (7) TMI 1477 - CESTAT HYDERABAD</title>
    <link>https://www.taxtmi.com/caselaws?id=383781</link>
    <description>The Tribunal held that the respondent, a sugar manufacturer, was not entitled to avail Cenvat credit on Clean Energy Cess (CEC) paid on coal under Rule 3 of Cenvat Credit Rules, 2004. The Tribunal emphasized the strict interpretation of fiscal statutes, stating that CEC was not eligible for credit as it was not listed in Rule 3. Additionally, allowing the credit would contradict the &quot;Polluter pays&quot; principle. The penalty imposed on the respondent was set aside as the dispute was interpretational, and the respondent had reversed the credit under protest. The appeal was disposed of with the denial of Cenvat credit for CEC but upholding the penalty setting aside.</description>
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    <pubDate>Fri, 12 Jul 2019 00:00:00 +0530</pubDate>
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      <title>2019 (7) TMI 1477 - CESTAT HYDERABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=383781</link>
      <description>The Tribunal held that the respondent, a sugar manufacturer, was not entitled to avail Cenvat credit on Clean Energy Cess (CEC) paid on coal under Rule 3 of Cenvat Credit Rules, 2004. The Tribunal emphasized the strict interpretation of fiscal statutes, stating that CEC was not eligible for credit as it was not listed in Rule 3. Additionally, allowing the credit would contradict the &quot;Polluter pays&quot; principle. The penalty imposed on the respondent was set aside as the dispute was interpretational, and the respondent had reversed the credit under protest. The appeal was disposed of with the denial of Cenvat credit for CEC but upholding the penalty setting aside.</description>
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      <pubDate>Fri, 12 Jul 2019 00:00:00 +0530</pubDate>
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