9911796707
TMI Blog2013 (12) TMI 25X X X X Extracts X X X X X X X X Extracts X X X X ..... hat:- If the capital goods on which credit has been taken are removed after being used, the manufacturer shall pay an amount equal to CENVAT credit taken on the capital goods reduced by 2.5% on each quarter of the year or part thereof from the date of taking of the CENVAT credit - The appellants while clearing the capital goods calculated duty on quarterly basis - it is not a case of intention to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation no. 39/2007-CE(NT) dated 13.11.2007 by calculating the duty on quarter and part thereof from the date of receipt of the capital goods in the factory. The officers of the Revenue pointed out that the appellants had short paid the duty on the capital goods. On pointing out the same, the appellants immediately paid the duty along with interest on 09.03.2010. Thereafter the appellants received s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... these circumstances, there is no intention on the part of the appellants to evade payment of duty. 5. The Revenue relied upon the findings of the lower authority and submitted that as the appellants had short paid the duty at the time of clearance of the capital goods, therefore, differential duty has been paid subsequently in view of the objection raised by the Revenue, therefore, it is clear ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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