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Makjai Laboratories Ltd. Versus Commissioner of Central Excise, Pune II

2015 (3) TMI 1092 - CESTAT MUMBAI

Reversal of differential amount of Cenvat credit availed on the capital goods which was received and subsequently removed from the factory of the appellant - Bar of limitation - Held that:- On perusal of the ER1 for the month in July 2007, I find that the appellant had clearly indicated as “Credit utilised when inputs or capital goods are removed as such”; I find that at page 43, of the same ER1 appellant had indicated “During the month, invoices bearing Sr.no. 141 to 225 were issued.” On perusa .....

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period and confirming the said demand cannot arise - demand confirmed against the appellant is barred by limitation and liable to be set aside - Decided in favour of assessee. - Appeal No. E/440/10- Mum - Dated:- 18-3-2015 - Mr. M.V. Ravindran, Member (Judicial) For the Petitioner : Shri V.B. Gaikwad, Advocate For the Respondent : Shri V.K. Shastri, AC (AR) ORDER This appeal is directed against Order-in-Appeal No. PII/PAP/250/2009 dated 18.12.2009. 2. Heard both sides and perused the record. 3. .....

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ing ineligible depreciation as these goods were not used in relation to manufacturing of any excisable goods. Both the lower authorities have confirmed that the appellant is liable to reverse the differential Cenvat credit along with interest. The first appellate authority has set aside the penalties imposed by the Adjudicating Authority. 5. Ld. counsel at the outset would submit that he is contesting the issue on limitation. It is his submission that the capital goods when they were removed in .....

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am Metal P. Ltd. 2009 (90) RLT 823 for the proposition that once penalty has been set aside on the ground that there was no clandestine removal, the demand also automatically fails. 6. Ld. Departmental Representative, on the other hand, submits that the appellant never forwarded the invoice along with returns and the lower authorities could not have imagined that the capital goods are removed as such. It is his submission that when this error was pointed out at the time of audit, the appellant h .....

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availed on the capital goods when removed as such is hit by limitation. On perusal of the ER1 for the month in July 2007 (as at page 42), I find that the appellant had clearly indicated as Credit utilised when inputs or capital goods are removed as such ; I find that at page 43, of the same ER1 appellant had indicated During the month, invoices bearing Sr.no. 141 to 225 were issued. On perusal of the invoices, under which the capital goods were removed, I find that the capital goods were removed .....

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