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2008 (10) TMI 532 - AT - Central ExciseDemand and penalty - Time Limitation - stock transfer to sister unit - Held that: - the appellants have been filing the returns regularly and furnishing all the information to the department, however, the department has not acted in time. In any case, after the lapse was pointed out to the appellants, they had paid the differential duty. In these circumstances, the penalty is not called for because the whole exercise is revenue neutral. Whatever duty is paid by the appellant is taken as Cenvat credit by the sister unit - longer period could not have been invoked - appeal allowed - decided in favor of appellant.
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