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2014 (12) TMI 31 - AT - Central ExciseCENVAT Credit - inter-unit transfer of capital goods - it is submitted that they have cleared the goods under Rule 4(5)(a) of Rules, 2002 - Held that:- the capital goods was sent as such to other unit for production of the goods and therefore the denial of credit is not justified. This view is also supported by the decision of the Tribunal in the case of Pooja Forge Ltd. (2006 (1) TMI 290 - CESTAT, NEW DELHI) as upheld by the Hon’ble Punjab & Haryana High Court. In any event, Unit - I already reversed the credit which was appropriated by the adjudicating authority. The learned consultant contended that Unit - II also availed the CENVAT credit. As the learned consultant undertakes not to claim refund, the demand of duty is upheld. However, no reason for confiscation and imposition of penalty and demand of interest - Decided partly in favour of assessee.
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