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2017 (7) TMI 91 - AT - Central ExciseCENVAT credit - job-work - capital goods transferred to job-worker's premises - whether the CENVAT credit availed on the capital goods sent to their sister unit for job work and not received back within 180 days from the date of removal is recoverable or otherwise? - Rule 4(5)(a) of CCR - Held that: - Rule 4(5)(a) makes it crystal clear that the capital goods removed from the appellant's factory should be received back within 180 days and if not received, the appellant is required to reverse the credit availed on such capital goods. The said Rule also provides to take re-credit on the capital goods when received after 180 days from the initial date of removal - In the present case, even though the capital goods were cleared earlier but no evidence has been adduced by the appellant that the same were received within 180 days or thereafter. In these circumstances, the confirmation of demand is sustainable - penalty under Rule 15(2) of CENVAT Credit Rules, 2004 read with Section 11AC of CEA, 1944 cannot be sustained, as it is a revenue neutral situation - appeal allowed - decided partly in favor of appellant.
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