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TMI Blog2010 (8) TMI 556X X X X Extracts X X X X X X X X Extracts X X X X ..... nder these circumstances imposition of penalty under Section 11AC read with Rule 15(2) of Cenvat Credit Rules cannot be sustained and is accordingly set aside. - E/283-284/2010 - A/1192-1193/2010-WZB/AHD - Dated:- 6-8-2010 - Shri B.S.V. Murthy, J. REPRESENTED BY : Shri R.V. Mashelkar, Consultant, for the Appellant. Shri R.S. Srova, JDR, for the Respondent. [Order]. - During the visit of the officers to the appellant s premises on 24-1-08 by the central excise officers it was found that a large quantity of raw materials sent by the appellants to their job workers had not been received back within the stipulated period of 180 days and appellants had not reversed the credit taken on such inputs. As soon as the omission was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dered the submissions made by the learned consultant on behalf of the appellants. In this case, when the inputs have sent out to job workers, only if the infants are not received back, appellants are required to reverse the credit within 180 days. However if the inputs are received back subsequently they can take credit. In any case as submitted by the learned consultant, the obligation to account for the inputs on which credit has been taken always remains with the manufacturer. Further, the register which is required to be maintained for dispatch of goods sent to job workers has also been maintained. There was only clerical omission in making entries regularly as proved by the statements submitted by them before the Commissioner (Appeals) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the example cited by the Commissioner (Appeals) correct. Under these circumstances the claim of the learned consultant that the provisions of Section 11A(2B) which requires that if the assessee pays the duty and interest as applicable that would be sufficient and the matter has to be treated as closed. In this case it is not the case of the Revenue that there was short payment and even if there was short payment, Revenue would have a time of one year to intimate the assessee and to collect the difference from the date of payment as per the provisions of Section 11A(2B) of Central Excise Act, 1944. Unless it is shown that the raw materials which were shown to have been removed to job worker has been diverted in the open market or have been ..... X X X X Extracts X X X X X X X X Extracts X X X X
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