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2011 (5) TMI 424 - AT - Central ExciseCenvat credit - During the year 2005-06 assessee received capital goods and availed modvat credit on the same to the extent of 50%. The remaining 50% credit was availed in the subsequent year. - It is seen that capital goods cleared (for job work) in the year 2005-06 and 2006-07 were not in the possession of the appellant at the time of the second half of the cenvat credit, neither the said goods stands returned by the sister concerned unit. Accordingly, proceedings were initiated against the appellant - held that:- the appellate authority has simply upheld the order of the original adjudicating authority without discussing as to how the provisions of Section 11AC or Rule 15 are applicable. He has also not discussed the applicability of Rule 25, under which penalty stands imposed upon the appellants. - Matter remanded back to commissioner (appeals)
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