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Cenvat credit on parts used for construction of fixed and semi-fixed structures

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2017-VIL-515-GUJ-CE
ASSISTANT COMMISSIONER OF CENTRAL GOODS AND SERVICE TAX Vs VODAFONE
ESSAR GUJARAT LIMITED


Central Excise - Cenvat credit on parts used for construction of fixed and semi-fixed structures - assessee availed cenvat credit on inputs viz. angles, channels, beams etc. which were used in construction of towers and in tower materials, pre-fabricated buildings/shelters - Tribunal by the impugned confirmed the demand but deleted the penalty – Revenue in appeal

HELD - When the assessee bona-fide carrying a belief which cannot be stated to be wholly untenable that cenvat credit on such inputs was available, claimed the same with full knowledge of the department, merely because eventually such credit was disallowed, would not give rise to penalty proceedings - The reference to credit being wrongly taken or without taking reasonable steps would have an element of totally wrong or malicious claim. If the credit is claimed bona-fide and the belief that such cenvat credit was available is a reasonable belief, penalty under the said rule would not be imposed - It is not compulsory to impose penalty the moment cenvat credit is disallowed – revenue appeal is dismissed

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