2009 (8) TMI 276

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..... who were doing the operations in their factory itself. The credit was not reversed and no duty was paid on the welding electrodes. – Hence, demand was raised by invoking longer period of limitation - Apart from the fact that no evidence as regards any suppression or misstatement on the part of the appellant stand discussed by the Commissioner (Appeals), I find that the Assistant Commissioner had .....

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..... engaged in the manufacture of instrument transformers. They were availing the benefit of Cenvat credit on the welding electrodes. The said welding electrodes were further sold to their contractors/job workers, who were doing the operations in their factory itself. The credit was not reversed and no duty was paid on the welding electrodes. Accordingly proceedings were initiated against them by way .....

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..... on of penalty of identical amount under Section 11AC. 3. I find that apart from the merits of the case, the demand raised in March, 2008 is by invoking longer period of limitation. It is the appellant's contention that they were under a bona fide belief that when welding electrodes are being used within their factory, though by the job workers, there is no obligation on their part to reverse the .....

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