TMI Blog2018 (1) TMI 693X X X X Extracts X X X X X X X X Extracts X X X X ..... here was no requirement to make payment of any excise duty when clearing moulds and dies sent to the job workers, the confirmation of demand of duty and the denial of credit on the ground that the same should have been availed on the depreciated value, at the time of receipt back of the said moulds, cannot be upheld. The duty paid by the assessee was available as a credit to the job worker and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e to their job worker for manufacture of panels of washing machines. It is seen that at the time of sending the moulds and dies, the credit availed by the assessee, were reversed and on subsequently on receipt of the same from the job worker, they again took credit. 2. Revenue by entertaining a view that at the time of re-credit of duty in respect of moulds and dies, the same should have been a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e same are received back by the appellants from the job worker s premises within the period of 180 days. There is no dispute about the fact that the said capital goods were received back within 180 days. In such a scenario, the appellant was not required to reverse the credit. Having reversed the same, the appellant was entitled to re-credit the same to the extent of 100%. 4. After having gone ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case on merits. 5. Apart from the above, the appellants have also assailed the impugned demand on the part of limitation. The appellant was a registered tax payee and was filing ER-I Returns and was maintaining the statutory records. The case against the appellant stands made out from the scrutiny of their records only, in which case, no suppression or malafide can be attributed to the appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bs Ltd. : 2010 (254) ELT 628 (Guj.), has also observed that in case of revenue neutrality, the longer period of limitation cannot be invoked, inasmuch as no malafide can be attributed to the assessee. 7. In view of the above, I set aside the impugned order and allow the appeal with consequential relief to the appellants. Pronounced in the open Court on 24/11/2017 - - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
