2018 (6) TMI 578

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..... vik Electricals Pvt Ltd is a manufacturer of parts of transformer using particle boards for pre-fabricated furniture. The appellant puts together the different components of the pre-fabricated furniture which are then disassembled, owing to constraints of bulk, for packing and discharge to premises of customers. According to the appellant, the particle boards are first cut and then drilled, tapped .....

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..... it is seen that the imported goods are described as compact laminates, which, even though cut as claimed by the appellant, are cleared under the description of laminated boards. Though the submission of the appellant is that they are not usable as such without the expert intervention of the manufacturer of the parts to assemble the final products for which reliance is placed on the decision of the .....

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..... complete creations and thereafter disassembled for the purpose of transportation. However, the eligibility for availment CENVAT credit may well have been erroneously presumed but without deliberate intent to evade duty. In these circumstances, the continuance of penalty does not appear to be equitable. 5. Accordingly penalty is set aside and the impugned order is modified to that extent. (Prono .....

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