TMI Blog2018 (5) TMI 1052X X X X Extracts X X X X X X X X Extracts X X X X ..... he 10 moulds in question were in fact received in the factory and subsequently removed to job-worker post 21/071995 - demand of MODVAT credit upheld. Interest and penalty - Held that: - the period involved in this case is being prior to 1995 and the issue being disputed, which could have been argued on limitation, the question of imposing equivalent amount of penalty does not arise - interest a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... authority in respect of the appreciation of the facts whether CENVAT credit availed of the Central Excise duty paid on 10 moulds during the period prior to 21/07/1995 were factually installed in the factory and subsequently removed to the job-workers or otherwise. It is noticed that the appellant herein was unable to at forth any evidence that the 10 moulds in question were in fact received in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d allowed CENVAT credit of various moulds which were received and subsequently removed to the job-workers. On this presumption it has to be held that possibly appellant might have received these 10 moulds before dispatching the same to the job-workers. 6. Accordingly, the impugned order is upheld to the extent that the duty liability in the form of reversal of CENVAT credit on the 10 moulds but ..... X X X X Extracts X X X X X X X X Extracts X X X X
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