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2018 (5) TMI 466 - AT - Central Excise100% EOU - debonding of unit - demand of of ₹ 3,37,48,484/- on the goods which were within the factory premises or that of job workers and which were not cleared and also on the goods which were under the process of manufacture or manufacture had not been completed - Held that: - demand not sustainable for the reasons that the differential duty was demanded on the goods which had not came into existence and on the goods which were not removed from the factory of manufacture of appellant or their job workers - the confirmation of demand of ₹ 3,37,48,484/-, interest thereon and equal penalty are not sustainable. Demand of of duty on Remnants of ₹ 8,12,05,337/- - Held that: - the confirmation of demand of under valuation on Remnants is not sustainable because the same was confirmed by relying on CBEC Circular dated 29/09/1994, which is rescinded through Circular dated 16/08/2010 - the demand of differential Central Excise duty of ₹ 8,12,05,337/-, interest thereon and equal penalty are not sustainable. Demand of ₹ 9,64,168/- - depreciation denied on the ground that they were not capital goods since they were not put to use - Held that: - demand not sustainable as catalyst on first charge were treated as capital goods and that there was no such allegation in the Show Cause Notice and therefore, the adjudication proceedings travelled beyond the Show Cause Notice and therefore confirmation of demand is not sustainable. Appeal allowed - decided in favor of appellant.
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