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2014 (3) TMI 453 - AT - Central ExciseAvailment of CENVAT Credit - Whether the cenvated inputs were actually exchanged between the three units without reversal of equivalent credit or the same were sold out to some other persons - allegation of clandestine removal - Revenue neutrality - Held that:- it is not established by the investigation that the cash seized represent the sale proceeds of clandestinely removed inputs/ finished goods either by way of a statement or by a documentary evidence. On presumptions alone it cannot be held that cash seized from the residential premises represent the sale proceeds of clandestinely removed inputs/ goods in the absence of any affirmative tangible and positive evidence. It has not been disputed by the appellants that the inputs have not been removed as such without reversal of cenvat credit contrary to what is prescribed under Rule 3(5) of the Cenvat Credit Rules, 2004. Appellants are established registered units and cannot plead ignorance of law. It is upheld that appellants are liable to penalties under Cenvat Credit Rules, 2004 for removing the cenvatable inputs without reversing the corresponding cenvat credit at the time of removal of inputs as such - Matter remanded for de-novo consideration - Decided partly in favour of assessee.
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