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2023 (11) TMI 818 - CESTAT CHENNAITime limitation - non-inclusion of entire input stock for the purpose of expunging the credit during transition from duty paying unit to the SSI unit - HELD THAT:- The appellant had disclosed the purchase of raw materials after 15.3.2007 in their excise records and also in the cenvat registers. It is submitted by the learned counsel that they had not included this in the closing stock on the understanding that the only the credit availed by them upto the last clearance is to be expunged. On being pointed out by department they have immediately accepted the demand and paid the amount at the time of filing the appeal. Taking note of the fact that the appellant is not contesting this amount admitted by them and as these invoices have been reflected in their ER.1 returns, it is found that it is a bonafide mistake on the part of the appellant that these invoices were not included in the closing stock. The demand raised beyond the normal period cannot sustain. Assessee succeeds on the ground of limitation. However, as the liability to the tune of Rs.1,38,141/- is admitted and not contested in this appeal, the same is upheld along with interest. The impugned order is modified to the extent of upholding the demand of Rs.1,38,441/- along with interest and setting aside the remaining demand interest and penalties. The penalty in regard to Rs.1,38,441/- is also set aside - Appeal allowed in part.
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