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2018 (8) TMI 1275 - RAJASTHAN HIGH COURTTransfer of CENVAT credit - transfer of capital goods Raw Material/Finished goods etc. - surrender of registration - closure of factory - Rule 10 of CCR - Whether the Hon’ble CESTAT was correct in setting aside the applicable interest statutorily required under Section 11AB/Section 11AA of Central Excise Act, 1944 and the equal penalty imposed mandatorily u/s 11AC of Central Excise Act, 1944 on the assessee? Held that:- Taking into consideration, the case of the assessee that closure certificate was issued by the Department of Gurgaon and the same was accepted by the Sales Tax Department of the State, the view taken by the Tribunal is correct and having accepted the closure certificate of Gurgaon Unit, it will not be appropriate to reopen the same almost after four years of issuing notice which raises a serious doubt - the issue is required to be answered in favor of assessee against the Department. Appeal dismissed - decided against Revenue.
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