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2017 (1) TMI 791 - AT - Central ExciseCENVAT credit - availing of credit at the time of acquisition - Rule 57S(2)(C) Central Excise Rules, 1944 - Rule 3(4) of CCR 2001 - whether the appellant is liable to pay duty on removal of used Brass Tubes (capital goods) during the period 2002-03 on which Cenvat Credit was not taken? - Time limitation - Held that: - there is no categorical allegation that the appellant had taken Cenvat Credit on the Brass Tubes removed during a particular financial year. Further, the whole transaction was duly recorded in the books of accounts ordinarily maintained by the appellant - the demand is hit by limitation and also bad on merits, as the condition precedent in Rule 57S(2)(C) Central Excise Rules, 1944 and/or Rule 3(4) of CCR 2001, Being taking of credit at the time of acquisition, being absent, the demand is not sustainable on merits The Ld. Commissioner (Appeals) have erred in refusing to go into the grounds, on merits, as in Revenue matters first appellate proceedings are an extension of the adjudication/assessment proceedings. Appeal allowed - decided in favor of assessee.
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