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TMI Blog2018 (10) TMI 1061X X X X Extracts X X X X X X X X Extracts X X X X ..... uty out of their PLA Account to the extent of ₹ 35.00 Crores and as such, the duty now being confirmed against the assessee to the extent of ₹ 4.00 Crore, they were in a position to avail the same as credit and to utilize for discharge of duty at their end on their final product. The entire situation was revenue neutral - the demand on the point of limitation would not be sustainable - appeal allowed - decided in favor of appellant. - E/53173/2014-EX[DB] - A/72159/2018-EX[DB] - Dated:- 12-9-2018 - MRS. ARCHANA WADHWA, MEMBER(JUDICIAL) And SHRI ANIL G. SHAKKARWAR, MEMBER(TECHNICAL) Shri S.C. Karma (Advocate) Shri Kartikeya Narayan (Advocate) for the Appellant (s) Shri Mohd. Altaf (Asstt. Commr.) (A.R.) for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... penalty of identical amount under section 11AC of the Act. The said order is impugned before Tribunal. 4. Though the ld.Advocate Shri S.C. Kamra appearing on behalf of the appellant has assailed the method adopted by the Revenue for arriving at the cost of the production in terms of CAS-IV, but we are of the view that the appeal can be disposed of on the point of limitation. Admittedly the appellants were clearing the said De-natured Rectified Spirit to their another unit located at Kashipur. The said product was being used by Kashipur for manufacture of Ethylene Glocol which is also an excisable product. Whatever duty was being paid by the present assessee was being availed as credit by their Kashipur unit and such credit was bei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sioner that during the relevant period in question that Kashipur unit has paid duty out of their PLA Account to the extent of ₹ 35.00 Crores and as such, the duty now being confirmed against the assessee to the extent of ₹ 4.00 Crore, they were in a position to avail the same as credit and to utilize for discharge of duty at their end on their final product. As such we hold that the entire situation was revenue neutral and as held by the Tribunal in the case of Merchantile And Industrial Dev. Co. Ltd. referred (supra), the demand on the point of limitation would not be sustainable. We accordingly set aside the impugned order on the said ground alone and allow the appeal with consequential relief. (Dictated and pronounced in t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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