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M/s. Jindal Saw Ltd. Versus CCE, Visakhapatnam

2016 (11) TMI 933 - CESTAT HYDERABAD

Stock transfer - short payment of duty - Held that: - 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 appe .....

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ch 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 payments. In such circumstances, the imposit .....

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- FINAL ORDER No.A/30886/2016 - Dated:- 20-9-2016 - Shri R. Subramanya, Advocate for the appellant. Shri Arun Kumar, Asst. Commissioner(AR) for the respondent. Ms. Sulekha Beevi, C.S., Member (Judicial) [Order per: Sulekha Beevi, C.S.] The above app .....

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NVAT 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 ₹ 3,9 .....

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,181/- and interest thereon of ₹ 2,64,592/-. A show-cause notice dt. 05/12/2012 was issued proposing to impose equal amount of penalty alleging short payment of duty. After due process of law, the adjudicating authority imposed penalty of ͅ .....

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the duty the period for which the audit was conducted. He submitted audit for the period August 2010 to February 2011 the month of July 2011. The appellant had capital goods into their site during the period August February 2011. They availed credit .....

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they re-transferred the capital goods. The balance of the duty was paid in the very same month and that the full payment of duty was made in the same month when the retransfer of the capital goods was completed by the appellant. He argued that there .....

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rned AR submitted that the appellant had initially paid only duty of ₹ 441,539/- and the balance duty of ₹ 54,25,181/- was paid by the appellant only on pointing out by the Department pursuant to the audit of records. He contended that th .....

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