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    <title>2005 (4) TMI 495 - CESTAT, MUMBAI</title>
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    <description>Under the Modvat scheme, waste and scrap arising from credit-availing inputs sent to a job worker attracted duty in the hands of the principal manufacturer who had taken the credit, not the job worker. The extended period of limitation was held invocable on the facts because full disclosure was not established. However, the duty demand had to be recomputed after verifying the claim that part of the inputs had already suffered duty, so the quantum required fresh examination. Penalty under Section 11AC and interest under Section 11AB were set aside because the dispute period was prior to September 1996 and those provisions were not applicable.</description>
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      <link>https://www.taxtmi.com/caselaws?id=116259</link>
      <description>Under the Modvat scheme, waste and scrap arising from credit-availing inputs sent to a job worker attracted duty in the hands of the principal manufacturer who had taken the credit, not the job worker. The extended period of limitation was held invocable on the facts because full disclosure was not established. However, the duty demand had to be recomputed after verifying the claim that part of the inputs had already suffered duty, so the quantum required fresh examination. Penalty under Section 11AC and interest under Section 11AB were set aside because the dispute period was prior to September 1996 and those provisions were not applicable.</description>
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