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2017 (11) TMI 766 - CESTAT AHMEDABADCENVAT credit - capital goods which were later removed to their another unit engaged in their job work, without following any procedure laid down under CCR, 2004 - Held that: - The CENVAT Credit Rules, 2004 specifically provides for such eventualities/situation whereunder inputs/ capital goods can be removed from the factory for job work and in the event, the inputs/capital goods are not returned within the period of 180 days, the assessee is required to reverse the cenvat credit - In the present case, even though, the capital goods on which credit had been availed were removed by the appellant, the same were not received in their factory premises even after lapse of 180 days from the initial date of removal. In these circumstances, the appellant is required to reverse the credit on the said capital goods. The Appellant had immediately after installing the capital goods, removed the same year under Chits and without following any procedure, whereas for clearance of inputs for job-work they prepared annexure-II challans and followed the laid down procedure. Therefore, imposition of penalty is justified. Considering the facts and circumstances, I do not find any reason to impose penalty on Shri Manoj Joshi under Rule 15 of the CCR. Accordingly, the appeal filed by the Sh. Manoj Joshi is allowed. Appeal allowed in part.
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