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2016 (11) TMI 351 - AT - Central ExciseDenial of credit taken on capital goods - imposition of penalty u/s 27 - Held that: - the appellant has availed the credit on the capital goods without receiving the same in the factory. Although the appellant was not going to gain any benefit by taking the credit on the capital goods which has not been received in the factory. There is procedural lapse on the part of the appellant. For this, the penalty under section 27 is imposable on the appellant - penalty of ₹ 5,000/- imposed on appellant. Denial of re-credit - time barred - re-credit of excess amount debited in the RG-23A Part II register - Held that: - reliance placed on the decision of SWASTIK SANITARYWARES LTD Versus UNION OF INDIA [2012 (11) TMI 149 - GUJARAT HIGH COURT] where it was held that the claim of the petitioners seeking repayment of such amount cannot be seen as a refund claim made under section 11B of the Act - the appellant entitled to take suo-moto credit of excess amount debited in their RG-23A Part II register. Appeal disposed off - decided partly in favor of appellant.
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