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    <title>2009 (2) TMI 546 - COMMISSIONER OF CENTRAL EXCISE (APPEALS), PUNE-II</title>
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    <description>Cenvat credit on capital goods sent to a job worker was upheld where challans and records showed actual movement and return of goods, and the rule did not require any specific challan format; minor procedural defects could not defeat substantive entitlement. The extended period of limitation under the proviso to Section 11A was held unavailable because the demand arose from the assessee&#039;s disclosed records and there was no independent evidence of suppression or wilful misstatement. As the credit demand failed, interest and penalties also fell, and the personal penalty on the co-appellant was not sustainable because the invoked provision did not apply to that position.</description>
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      <title>2009 (2) TMI 546 - COMMISSIONER OF CENTRAL EXCISE (APPEALS), PUNE-II</title>
      <link>https://www.taxtmi.com/caselaws?id=125336</link>
      <description>Cenvat credit on capital goods sent to a job worker was upheld where challans and records showed actual movement and return of goods, and the rule did not require any specific challan format; minor procedural defects could not defeat substantive entitlement. The extended period of limitation under the proviso to Section 11A was held unavailable because the demand arose from the assessee&#039;s disclosed records and there was no independent evidence of suppression or wilful misstatement. As the credit demand failed, interest and penalties also fell, and the personal penalty on the co-appellant was not sustainable because the invoked provision did not apply to that position.</description>
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