Assessee entitled to claim Cenvat credit even if the duty is wrongly charged by supplier

CESTAT, MUMBAI BENCH Racold Thermo Ltd. v. Commissioner of Central Excise, Pune I ORDER NOS. S/105/2012/SMB/C-IV/WZB & A/41/2012/SMB/C-IV APPLICATION NO. E/S/ 1920 OF 2010 APPEAL NO. E/1778 OF 2010 MARCH 20, 2012 ORDER 1. The appeal and the stay applications are directed against Order-in-Appeal No. P-I/RKS/123/2010 dated 5.08.2010 passed by the Commissioner of Central Excise (Appeals), Pune I. 2. The appellant herein, Racold Thermo Ltd., Chakan, received duty paid Hydrogen and Argon from Praxair India (P.) Ltd. They used these gases for the purpose of welding in their fact...