Penalty under Section 112 fails where knowledge, admissible statements, and incriminating evidence are not proved against the Customs Broker's directo...
No duty was payable on free warranty replacement inputs where the value of warranty was already embedded in the final product and the cleared goods fell within the scope of inputs used for providing free warranty under Notification No. 3/2011-CE (NT). The Tribunal held that the appellant's differential treatment between removed inputs and manufactured goods did not justify a duty demand, and the demand was unsustainable. On debit notes raised for repair charges on damaged inputs, the Tribunal found no evidence that the inputs were not subsequently used in manufacture; in the absence of proof of non-use, CENVAT credit remained admissible and duty could not be demanded on that basis. The impugned order was set aside and the appeal allowed.
No duty was payable on free warranty replacement inputs where the value of warranty was already embedded in the final product and the cleared goods fell within the scope of inputs used for providing free warranty under Notification No. 3/2011-CE (NT). The Tribunal held that the appellant's differential treatment between removed inputs and manufactured goods did not justify a duty demand, and the demand was unsustainable. On debit notes raised for repair charges on damaged inputs, the Tribunal found no evidence that the inputs were not subsequently used in manufacture; in the absence of proof of non-use, CENVAT credit remained admissible and duty could not be demanded on that basis. The impugned order was set aside and the appeal allowed.
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