2018 (2) TMI 536

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....nt Appellant, M/s SP Fabricators Pvt Ltd, were proceeded against for recovery of CENVAT credit of Rs. 35,16,607 that was alleged to have been wrongly availed against endorsed documents that were not originally issued to the appellant. In addition to interest on this amount, penalty of Rs. 17,58,304 under rule 15 (2) of CENVAT Credit Rules, 2004 read with section 11AC of Central Excise Act, 1944....

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....ecision of the Honble High Court of Bombay in Marmagoa Steel Ltd v. Union of India [2005 (192] ELT 82 (Bom)] which has held that '10 ... ... In the absence of any provision regarding endorsement on the bill of entry, the credit of duty cannot be denied on the ground that the bill of entry is not endorsed the name of the claimant....' 4. The decision of the Honble High Court of Gujara....