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2017 (7) TMI 161 - AT - Central ExciseCENVAT credit - non-return of Capital goods sent to job-worker under the cover of challan issued u/r 4 (5) (a) of the CCR, 2004, within 180 days - Held that: - Even though no evidence is available on record to show that the period of 180 days is expired from the date of sending the capital goods to the job-worker, as per the challan produced by the learned Counsel, it is clear that when the appellants have paid the duty within 180 days from the date of issue of challan was not expired. In these circumstances, this particular matter needs to be re-verified - matter on remand. Reversal of CENVAT credit - obsolete input - Held that: - since the input was subsequently removed from the factory as a scrap, the CENVAT Credit is required to be reversed. Penalty - Held that: - It is also observed that the appellants have paid the duty along with interest. In these circumstances, there is no reason to impose penalty commensurate to the CENVAT amount in respect of written off quantity of inputs - Penalty set aside. Appeal allowed - decided partly in favor of assessee, partly against assessee and part matter on remand.
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