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2015 (3) TMI 1092 - AT - Central ExciseReversal of differential amount of Cenvat credit availed on the capital goods which was received and subsequently removed from the factory of the appellant - Bar of limitation - Held that:- On perusal of the ER1 for the month in July 2007, I find that the appellant had clearly indicated as “Credit utilised when inputs or capital goods are removed as such”; I find that at page 43, of the same ER1 appellant had indicated “During the month, invoices bearing Sr.no. 141 to 225 were issued.” On perusal of the invoices, under which the capital goods were removed, I find that the capital goods were removed under invoice nos. 181 to 185. This factual matrix has been appreciated by the first appellate authority in his Order-in-Appeal when he set aside the penalties imposed by the Adjudicating Authority under the provisions of Rule 15 of the CENVAT Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944 - If there is no clandestine removal, the question of invoking the extended period and confirming the said demand cannot arise - demand confirmed against the appellant is barred by limitation and liable to be set aside - Decided in favour of assessee.
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