2009 (4) TMI 657

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....rder]. - Very short issue is involved in the present appeals. The appellant is engaged in the manufacture of toilet soap, shampoo, shaving cream, lotion etc.. They availed Cenvat credit in respect of one of the capital goods on 4-10-2004 to the extent of 100% of duty paid thereon, whereas they were entitled to avail 50% of the total duty and the balance 50% was required to be availed in the next....

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....vailment of credit was on account of any malafide intention. It was only a paper entry and as such does not call for any penalty. He also refers to Supreme Court's decision in the case of Commissioner of Central Excise, Mumbai v. Bombay Dyeing & Mfg. Co. Ltd. reported in 2007 (215) E.L.T. 3 (S.C.) in support of his contention that credit taken but reversed before utilization amounts to not taking ....