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2016 (11) TMI 180 - AT - Central ExciseAvailing credit on returned goods - Clandestinely removal - Suppression of facts - Rule 16 of the Central Excise Rules, 2002 - Held that: - sub-rule (1) of the Rule lays down the requirement of such goods to be recorded, entitlement of assessee to input credit on such goods and its utilization as per rules. It does not cover the situation where such goods have been removed - The plea that the demand is barred by limitation cannot be sustained as the assessee did not disclose the clearance of scrapped machines in ER-1 return, such clearances were made without cover of invoice as required under law and their records mis-declared the actual facts by suppressing the disappearance of the machines - Decided against the assessee.
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