2018 (5) TMI 1052 – CESTAT MUMBAI – TMI – CENVAT/MODVAT credit – interest – penalty – Central Excise duty paid on 10 moulds during the period prior to 21/07/1995 were factually installed in the factory and subsequently removed to the job-workers – Held that: – the appellant herein was unable to at forth any evidence that the 10 moulds in question were in fact received in the factory and subsequently removed to job-worker post 21/071995 – demand of MODVAT credit upheld.
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Interest and penalty – Held that: – the period involved in this case is being prior to 1995 and the issue being disputed, which could have been argued on limitation, the question of imposing equivalent amount of penalty does not arise – interest also set aside.
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A
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ing authority in respect of the appreciation of the facts whether CENVAT credit availed of the Central Excise duty paid on 10 moulds during the period prior to 21/07/1995 were factually installed in the factory and subsequently removed to the job-workers or otherwise. It is noticed that the appellant herein was unable to at forth any evidence that the 10 moulds in question were in fact received in the factory and subsequently removed to job-worker post 21/071995. I find that the remand by the Tribunal was only for this limited purpose which has not been satisfied by the appellant herein. In view of this, I hold that the demands confirmed by the lower authorities are correct and is to be upheld. 5. As regards the interest and penalty, I find
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