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2013 (12) TMI 167 - AT - Central ExcisePenalty u/s 11AC r.w. Rule 15 of the Cenvat Credit Rules, 2004 - transfer of capital goods to other unit without reversing cenvat credit – Held that:- The entire case can be decided on the question of revenue neutrality - it is not disputed that the capital goods on which credit was availed was transferred/cleared for the purpose of doing job work to the appellant’s own unit - there is no dispute as two of the units being the same i.e. M/s. Patel Alloys (Steel) (P) Ltd. - if the appellant’s other units have taken the credit of the capital goods and subsequently reversed the same and credit has been taken - this itself would prove that the appellant’s other units were registered with Central Excise Authority - the entire issue is revenue neutral - the ground of revenue neutral is a strong ground for setting aside any penalty imposed on the appellant as there cannot be any intention to evade duty - Penalty u/s 11AC read with provisions of Rule 15 of the Cenvat Credit Rules, 2004 directed to be waived – Decided in favour of Assessee.
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