9911796707
TMI Blog2019 (1) TMI 1378X X X X Extracts X X X X X X X X Extracts X X X X ..... returned goods were subjected to process amounting to manufacture, therefore, the appellant is required to reverse the credit availed on the returned goods, at the time of its initial clearance from the factory. Thus, there is no discrepancy in the impugned order in confirming the demand of differential credit and interest - However, as far as penalty is concerned, the appellant could make out a case that the returned excisable goods were cleared second time from the factory on payment of duty, at lower rate, and demand notice has been issued for normal period - penalty set aside. The appeal is partly allowed. - Appeal No. E/207/11 - A/88201/2018 - Dated:- 28-11-2018 - DR. D.M. MISRA, MEMBER (JUDICIAL) And MR. S. SRIVASTAVA, MEMBER (T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er duty short paid was demanded or the credit equivalent to that availed at the time of return of the goods from the depot was directed to be recovered. It is his contention that in absence of recovery mechanism, the differential excess credit availed cannot be recovered. Further, he has submitted that the appellant had cleared their own manufactured excisable goods against excise invoices, therefore, imposition of penalty equivalent to the duty is unwarranted and hence liable to be set aside. 4. Per contra, the learned AR for the Revenue has submitted that the appellant had initially cleared the goods on payment of duty at the prevalent rate during relevant time. Consequently, when the goods were received, they availed CENVAT Credit of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facture, the manufacturer shall pay an amount equal to the CENVAT credit taken under sub-rule (1) and in any other case the manufacturer shall pay duty on goods received under sub-rule (1) at the rate applicable on the date of removal and on the value determined under sub-section (2) of section 3 or section 4 or section 4A of the Act, as the case may be. [Explanation. - The amount paid under this sub-rule shall be allowed as CENVAT credit as if it was a duty paid by the manufacturer who removes the goods.] (3) If there is any difficulty in following the provisions of sub-rule (1) and sub-rule (2), the assessee may receive the goods for being re-made, refined, re-conditioned or for any other reason and may remove the goods su ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
