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2015 (10) TMI 2209 - AT - Central ExciseDenial of CENVAT Credit - appellant never manufactured/cleared any MTC - variation of description of goods and their value stated in the Bill of Entry and the invoices - Held that:- It is seen from records that appellants have explained in their reply to the show cause notice that the inputs imported were stock transferred under proper invoices to their sister concern at Palwal Unit. Department has no case that appellant's Palwal Unit is not manufacturing/clearing MTC. So, also there is no case that these inputs were diverted or alienated in any manner. I find that authorities below ought to have accepted the explanation offered by appellant which was supported by documents of stock transfer. In the invoices, being stock transfer, the sale value included all taxes and 10% margin of profit. That therefore, the assessable value in the Bill of Entry is less than the sale value shown in the invoice. A comparable table showing the value in Bill of Entry and value in sale invoice is given. - allegation that value of inputs in invoices did not match with that in Bill of Entry, is baseless. The other allegation is that the inputs stated in these documents did not match description-wise. In the Bill of Entry, the description is given as "gear box". In the sale invoice it is described as a slew gear box, Hoist gear box. Again in Bill of Entry, the description is slewing Ring whereas in the invoice, the description is slew Ring, S-Ring CBE-1200. I cannot agree with the contention of the Respondents that these are major discrepancies on which the benefit of credit can be denied. I do not find any markable variation in the description of inputs in these documents. - No wilful mis-statement or suppression with intention to evade duty is established against the appellants. In such circumstances the extended period is not invokable. The demand is therefore time barred. - Decided in favour of assessee.
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