AUDIT QUARY, Central Excise

[SNEHAL SHAH]

R/sir, X company Sale Machine with out duty payment to Y ( After use 5 years ) but on this machine x company not taken any cenvat credit .This procedure is correct or not ? If any duty liability imposed on X or Y company . Please guide for this . snehal shah

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[NANDA H.L.]

If X company not aviled the Cenvat Credit, duty liability will not arise on X or Y company.