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2016 (12) TMI 1444 - AT - Central ExciseReversal of CENVAT credit - Interest - Penalty - Held that: - conclusion arrived at by the Commissioner (Appeals) that the invoice No.s147, 148 & 151 dated 16/10/97 are not for reversal of duty on the pipes but are for some different products is fair and justified. As regards the demand for reversal of credit on capital goods - Held that: - the certificate of the Chartered Accountant is not based on the visit of the CA to the factory but it is based on the books of accounts and the balance sheet. The credit cannot be allowed simply on the basis of the entry made in the books of accounts without actual receipt of the goods. The appellants have failed to produce any evidence to establish the said capital goods are available in the factory. As regards the demand of scrap of ₹ 36,867/- I find that defence of the appellant is that there is no calculation given by the revenue as to how they are arrived at the quantity. The revenue has relied largely on a submission by the appellant during earlier adjudication to assert that there has been some generation of scrap and admission of duty. I find that without any evidence, the demand of duty on scrap cannot be sustained - Appeal partly allowed.
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