TMI Blog2018 (10) TMI 1473X X X X Extracts X X X X X X X X Extracts X X X X ..... larger period of limitation. On examination of facts, it is found that the allegation is short payment of duty whereas the lacuna appears to be only the adoption of transaction value by which SAD of 4% which have been missed out, but the fact remains that on being pointed out even before the issuance of Show Cause Notice, the appellant made good even the differential CENVAT Credit. There is no dispute by the authorities below on the issue of revenue neutrality nor have they disputed crucial facts like the inputs cleared as such to one of the appellant’s ancillary manufacturers who in turn is eligible for CENVAT Credit of the duty paid by the appellant; the removal of inputs to its ancillary manufacturer was duly reflected in the periodic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on value on which duty was paid; that when the inputs were procured/imported, the CENVAT Credit of Special Additional Duty (SAD) of 4% was not taken into account while paying the duty; that the inputs supplied to its ancillary manufacturer were exclusively used for the manufacture of components of the assessee alone; that the inputs were incapable of being used for any other purpose other than the manufacture of components for the appellant; that in any case the duty paid by the appellant was availed as CENVAT Credit by the ancillary manufacturer and that the differential duty payable was also available to the ancillary manufacturer as CENVAT Credit, thereby making the whole issue revenue neutral viz., the clearance of inputs as such was ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4% which have been missed out, but the fact remains that on being pointed out even before the issuance of Show Cause Notice, the appellant made good even the differential CENVAT Credit. 6. On a perusal of the Orders of the lower authorities, I find that there is no dispute by the authorities below on the issue of revenue neutrality nor have they disputed crucial facts like the inputs cleared as such to one of the appellant s ancillary manufacturers who in turn is eligible for CENVAT Credit of the duty paid by the appellant; the removal of inputs to its ancillary manufacturer was duly reflected in the periodical ER-1 returns filed regularly and that the Revenue was aware of removal of inputs as such. 7. On a conjoint reading of the abo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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