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    <title>2005 (2) TMI 644 - CESTAT, NEW DELHI</title>
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    <description>Modvat credit on capital goods was treated as unsustainable where the goods were removed from the factory beyond the permitted period or without valid permission, because the conditions for keeping them outside the factory were not complied with and the credit had already been taken before removal. A later claim that the goods were returned was not accepted, as that issue was outside the scope of the appeal. On the facts, the duty demand remained sustainable. The penalty, however, was found excessive on the available record and was reduced.</description>
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      <description>Modvat credit on capital goods was treated as unsustainable where the goods were removed from the factory beyond the permitted period or without valid permission, because the conditions for keeping them outside the factory were not complied with and the credit had already been taken before removal. A later claim that the goods were returned was not accepted, as that issue was outside the scope of the appeal. On the facts, the duty demand remained sustainable. The penalty, however, was found excessive on the available record and was reduced.</description>
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