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TMI Blog2009 (1) TMI 610X X X X Extracts X X X X X X X X Extracts X X X X ..... Filaments Ltd. has three units in Silvassa and Daman. There were three issues involved in this appeals filed by the appellants. Appellants removed capital goods on which they had taken credit from Unit-I to the Units-II III without reversing the credit of Rs. 2,89,308/-. The appellants had taken Rs. 35,352/- as credit on 3-10-2000 in stead of 50% admissible immediately on receipt of capital good ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e excess credit availment in respect of transfer on which they had availed credit of Rs. 35,352/- in stead of 50%, he fairly admits that it was an omission. As regards the credit on inputs taken by Unit-II for manufacture of Polyester Texturised Yarn from POY sent by Unit-I, he cited the decision M/s. Sterlite Inds. (I) Ltd. [2005 (183) E.L.T. 353 (Tri.-LB)]. 3. The ld. DR on the other hand subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y. Appellants can reverse the credit and take it in Unit-II and regularize the transaction if not already done. I find that the decisions cited by the ld. Advocate are applicable to the present case also. As regards the issue No. 3 wherein Unit-III had taken credit on some additional inputs for the manufacture of materials received for job work, the decision of the Larger Bench cited by the ld. Ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1AC. It is nobody s case that the credit would not admissible. It is only a question of date on which it was admissible. Accordingly, the matter has to be remanded to the Original Adjudicating Authority to work out the actual amount payable as interest on the irregular credit for the period during which the irregular credit remained with the appellants. In view of the discussion above, penalties i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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