TMI Blog2012 (12) TMI 504X X X X Extracts X X X X X X X X Extracts X X X X ..... e CENVAT Credit Rules,2004 - appellant failed to produce any evidence to show that they received the inputs after processing from the job-worker – Held that:- Rule 4(5)(a) of the CENVAT Credit Rules,2004 is self-explanatory, wherein the assessee is entitled to take credit on receipt of the inputs. Therefore, the appellant has not taken the credit with an intention to evade duty - appellant has alr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facturer of motor vehicle parts. In the course of their manufacturing activity, they availed CENVAT credit facility on the inputs received and, thereafter, these inputs were sent to the job-worker by following the procedure under Rule 4(5)(a) of the CENVAT Credit Rules,2004. As per the said rule, the assessee is entitled to take CENVAT credit on receipt of the input-goods, but if the assessee does ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entral Excise Act, 1944. The duty demand was confirmed along with interest and penalty was also imposed equal to the duty. Aggrieved by the same, the appellant is before me. 3. Shri Chitnis, learned advocate appeared for the appellant and submitted that as the appellant has already reversed the credit and they have also paid the interest, there was no intention to take credit wrongly and, theref ..... X X X X Extracts X X X X X X X X Extracts X X X X
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