TMI Blog2016 (11) TMI 933X X X X Extracts X X X X X X X X Extracts X X X X ..... th of July and the balance of ₹ 54,25,181/- in the end of the very same month. It has also to be mentioned that the re-transfer of the capital goods took place in the very same month by which the liability to pay duty/reverse the credit availed arose on the appellant. From the records, it is revealed that there has been neither suppression nor delay on the part of the appellant in making the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... units and availed CENVAT credit of ₹ 61,96,264/- during the period August 2010 to February 2011. In July 2011, on conduct of audit, it was found that the appellant had paid only ₹ 4,41,539/- on the value of the transferred capital goods which was ₹ 3,90,68,548/-. It is the case of the Department that the appellant had to pay duty of ₹ 58,66,720/- on the said value of goods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to their site during the period August February 2011. They availed credit on these capital goods and its usage they re-transferred the capital goods in the 2011. He referred to annexure 2 of the show-cause submitted that the appellant had paid ₹ 4,41,539/- towards duty in the beginning of the month of July 2011 when they re-transferred the capital goods. The balance of the duty was paid in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eard both sides and have gone through the records. I agree with the arguments put forward by the learned counsel for the appellant referring to the various dates of payment made as per Annexure Il of the show-cause notice. It is seen that the appellant has made payment of ₹ 4,41,539/- in the month of July and the balance of ₹ 54,25,181/- in the end of the very same month. It has also t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
