Summary
- CESTAT Hyderabad has partly allowed Penna Cement Industries Ltd's appeal regarding a denial of ₹8.37 crore CENVAT credit on Clean Energy Cess.
- The Tribunal upheld the earlier ruling that Clean Energy Cess is not eligible for CENVAT credit under Rule 3 of the CENVAT Credit Rules, 2004.
- While confirming the denial, the Tribunal set aside a ₹5,000 penalty imposed by the Commissioner, who had previously appropriated the reversed amount.
- This decision reaffirms previous orders and may influence ongoing challenges in the Andhra Pradesh High Court regarding similar issues.
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