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    <title>2025 (4) TMI 1531 - CESTAT KOLKATA</title>
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    <description>CESTAT Kolkata allowed the appeal regarding irregular availment of Cenvat Credit under Rule 11 of Central Excise Rules, 2002 and Rule 10 of Cenvat Credit Rules, 2004. The tribunal held that Revenue misdirected itself by applying Rule 10 when no unutilized credit was involved. The appellant purchased an entire factory through Asset Purchase Agreement, with proper duty payment and credit reversal by transferor. Since goods were received, duty paid, and utilized in manufacturing with valid invoices, denial of credit was erroneous. Extended limitation period was unjustified as no willful suppression occurred with proper departmental communications maintained throughout.</description>
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    <pubDate>Thu, 16 Jan 2025 00:00:00 +0530</pubDate>
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      <title>2025 (4) TMI 1531 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=769617</link>
      <description>CESTAT Kolkata allowed the appeal regarding irregular availment of Cenvat Credit under Rule 11 of Central Excise Rules, 2002 and Rule 10 of Cenvat Credit Rules, 2004. The tribunal held that Revenue misdirected itself by applying Rule 10 when no unutilized credit was involved. The appellant purchased an entire factory through Asset Purchase Agreement, with proper duty payment and credit reversal by transferor. Since goods were received, duty paid, and utilized in manufacturing with valid invoices, denial of credit was erroneous. Extended limitation period was unjustified as no willful suppression occurred with proper departmental communications maintained throughout.</description>
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      <pubDate>Thu, 16 Jan 2025 00:00:00 +0530</pubDate>
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