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2019 (2) TMI 846 - CESTAT HYDERABADCENVAT credit - write off of inputs/capital goods on which CENVAT credit availed - obsolete stock - Held that:- There cannot be two opinions that the appellant had required to pay the amount equivalent to the CENVAT credit availed as soon as the inputs/capital goods written off by them and they did not. If they had used some or all materials from which they had reverse the CENVAT credit subsequently there could have taken credit of such amount as per the proviso. Therefore, there is no infirmity in the lower authority confirming the demand and the First Appellate Authority upholding the demand along with interest and penalties. However, the appellant now submits that they have documents to show that they have subsequently used the written off material. This requires a detailed examination of the documents and re-calculation of the amount of credit to be reversed and interest as well as the penalties - appeal allowed by way of remand.
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