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TMI Blog2013 (11) TMI 621X X X X Extracts X X X X X X X X Extracts X X X X ..... t that there was no adequate electricity available at Unit-II - But before they could shift the machinery, electricity problem was faced by Unit-I also and therefore physical removal of the machinery was delayed and that was the reason for irregularity and they had no intention to evade any payment of duty as can be seen from the fact that they reversed credit both at Unit I as well as Unit II - P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... However, machinery was not removed from Unit II to Unit I. Therefore, Revenue was of the view that this was manipulation of documents for taking ineligible credit in Unit I. When the irregularity was pointed out, the applicant reversed the credit taken in Unit I along with interest and paid penalty of 1% which is equivalent to Rs.20,394/-. However, Revenue was of the view that applicants have com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ason for irregularity and they had no intention to evade any payment of duty as can be seen from the fact that they reversed credit both at Unit I as well as Unit II and he contests that as on date they reversed credits taken at both ends and also paid penalty of Rs.20,394/-. Therefore, he prays that appeal may be admitted without any further pre-deposit. 3. Opposing the prayer, Ld. AR for Reven ..... X X X X Extracts X X X X X X X X Extracts X X X X
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