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TMI Blog2023 (1) TMI 388X X X X Extracts X X X X X X X X Extracts X X X X ..... ing reversal of Cenvat credit, interest and imposition of penalty - time limitation - HELD THAT:- The issue involved in the case GUARDIAN PLASTICOTE LTD. VERSUS COMMISSIONER OF C. EX., DAMAN [ 2008 (12) TMI 534 - CESTAT, AHMEDABAD] is similar to the issue involved in the instant case that using engraved printed cylinder is an inputs. It was held by the Tribunal that on the ground of limitation, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal is partly allowed. The matter is remanded to the Adjudicating Authority to calculate the amount of interest involved. In the facts of the case, the penalty is set-aside. The appeal is allowed by way of remand to the Adjudicating Authority. - EXCISE Appeal No. 10274 of 2021-SM - FINAL ORDER NO. A/10025/2023 - Dated:- 6-1-2023 - MR. RAJU, MEMBER (TECHNICAL) Shri S.J. Vyas, Advocat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ued that this issue has been considered by the Tribunal in the case of Guardian Plasticote Limited vs.CCE, Daman 2008 (12) TMI 534 CESTAT Ahmedabad. Learned Counsel stated that they are ready to pay interest for the period for which the Revenue has claimed that excess credit has been availed. He argued that this is in line with the decision of this Tribunal in the case of Guardian Plastico ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the demand for the period beyond one year from the date of show cause notice fails. I also agree with the Id. Advocate's argument that the lower authorities have not considered as to whether the cylinder can be considered as an input. This aspect needs to be considered in detail. Therefore the matter has to go back to the Original Adjudicating Authority to consider whether cylinder can be con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ure of goods being capital goods or inputs, can be a matter of opinion. Relying on the decision of the Tribunal in the case of Guardian Plasticote Limited vs.CCE, Daman (supra) and the fact that the learned Counsel has admitted that they are ready to pay interest for the disputed period, the appeal is partly allowed. The matter is remanded to the Adjudicating Authority to calculate the amount of i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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