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2017 (11) TMI 148 - AT - Central ExciseCENVAT credit - inputs/capital goods - Held that: - the appellant has by oversight availed 100% of the credit on capital goods wherein the appellant was required to take only 50% in the first financial order and the remaining in the next financial year; but as soon as the Department pointed out this lapse, the duty was reversed along with interest. In that kind of a situation, as per Section 11A(2B) of the Central Excise Act, the show-cause notice should not have been issued. Valuation - amortisation cost of freely supplied material - includibility - Held that: - the demand of duty on non-amortisation cost of freely supplied material in the assessable value of the final product amounting to ₹ 17,291/- was paid along with interest of ₹ 3,113/- on 22/01/2007. CENVAT credit - returned goods - Held that: - the credit availed on the finished goods returned under Rule 16 of the Central Excise Rules, 2002 has been converted into scrap and ₹ 12,217/- was paid along with interest of ₹ 2,892/- on 22/01/2007. Appeal allowed - decided in favor of appellant.
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