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2017 (9) TMI 1435 - AT - Central ExciseInter-unit transfer of capital goods - CENVAT credit on capital goods shifted to another unit - penalty u/s 11 AC - Held that: - there is no dispute that the appellants transferred the capital goods to their sister unit. The appellant has not contested the issue that they should have reversed the credit, which they have done on detection - the other Unit was entitled to avail credit. Thus, it is difficult to observe that there was fraud or collusion or mis-statement etc. for inter-unit transfer of goods - penalty set aside - the demand of CENVAT Credit along with interest is upheld - decided partly in favor of appellant.
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