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2015 (10) TMI 1335 - AT - Central ExciseReversal of CENVAT Credit - Capital goods - Held that:- Since Assessee have already discharged duty at the time of clearance of the said capital goods, the balance amount payable is only ₹ 3,639/- whereas the appellant already paid an amount of ₹ 6,168/- by way of debit in RG23A. The issue has already been settled by LB of the Tribunal in the case of Navodhaya Plastic Industries Ltd., (2013 (12) TMI 82 - CESTAT CHENNAI ). - The appellant has already paid the differential credit of ₹ 6,168/- by debiting in their RG-23A as per depreciation formula given in the said Board's Circular. Therefore, the differential demand is restricted to ₹ 3,639/-. Since they have paid the differential amount and interest before adjudication, there is justification for waiver of penalty. Accordingly, the demand is restricted to ₹ 3,639/- and the penalty is set aside - Decided partly in favour of assessee.
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