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2018 (5) TMI 537 - AT - Central ExcisePenalty u/s 11 AC of the Central Excise Act, 1944 - extended period of limitation - It is the case of the Revenue that appellant assessee could not availed CENVAT credit of MS Drums as the process of repacking does not amount to manufacture - Held that: - repacking from bulk packs to smaller packs would amount to manufacture and appellant cannot be faulted with the bonafide impression that they may have to discharge Central Excise duty on the repacked Styrene Monomer and accordingly availed the CENVAT credit on the MS Drums. It is undisputed that the appellant assessee had discharged the duty liability on Styrene Monomer cleared in MS Drums as a manufactured product. If the appellant discharged the Central Excise duty, he is eligible to avail the CENVAT credit which has been procured and having discharged the duty liability on the finished goods, they had in affect reversed the CENVAT credit availed by them on MS Drums. Penalty cannot be levied - appeal allowed - decided in favor of appellant.
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