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2016 (9) TMI 125
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....r the appellant Shri M.R. Sharma, DR for the respondent ORDER After hearing both the sides, we find that the appellants have been denied the cenvat credit of duty paid of Rs. 2,12,946/- in respect of various iron and steel articles like plates, parallel, flange beams, channels, shapes & sections, angle, bars, etc. on the ground that the same have been used by the appellant for const....
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.... the same in the cenvat credit records and there was no suppression or mis-statement on the part of the assessee, with any malafide intention. They referred to and relied upon the various decisions allowing the cenvat credit in respect of such iron and steel items. 3. However, the above pleas of the appellant was not accepted by the lower authorities, who confirmed the demand&....
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....d stands virtually over-ruled. Inasmuch as the Hon'ble High Court observed that the amendment issued on 7.7.2009 cannot be held to be clarificatory amendment and as such, would be applicable only retrospectively. As such, without going into the factual aspect as to whether the iron and steel articles were used for construction or as supporting structurals, we are of the view that the same would be....
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....here is no column in the records or in the returns, does not ipso facto lead to the conclusion that such non-disclosure is with malafide intention, especially, when there is no legal obligation on the part of the assessee to disclose a particular fact. Apart from that, we find that during the relevant period, there were decisions in favour of the assessee, which came to be reversed onl....