2009 (11) TMI 814

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...., DR, for the Respondent. ORDER The appellant manufacturing Pet sheet and bottles chargeable to Central Excise Duty had received pet resin from a registered dealer - M/s. Eesha Trading Co. under cenvatable invoices and had taken Cenvat credit on those invoices. M/s. Eesha Trading Co. had in turn purchased the pet resin sold to the appellant from a 100% EOU. As per the provisions of the Cenva....

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....ner (Appeals), the Asstt. Commissioner's order was upheld vide order-in-appeal dated 15-10-07. While the appellant have paid the amount of Cenvat credit along with interest, they have now come in appeal challenging the imposition of penalty. 2. Heard both the sides. 2.1 Shri Rajesh Chhibber, Advocate, learned Counsel for the appellant pleaded that in this case the appellant had purchased the....

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....edit on inputs or capital goods wrongly or in contravention of any provisions of these Rules. In this case at a time of taking the credit on the basis of registered dealer's invoices, there was no irregularity as the credit was taken only of the duty mentioned in invoices. The invoices did not mention that the goods had been purchased by the registered dealer from a 100% EOU or that the registered....