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    <title>2009 (10) TMI 810 - CESTAT MUMBAI</title>
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    <description>Extended limitation was held unavailable where the assessee sought debonding, paid duty on capital goods and goods in stock as directed, and disclosed the payment to the Department, because the omission relating to work-in-progress did not amount to suppression, misstatement, or deliberate evasion. Cenvat credit was also held admissible on the disputed duty in a duty-neutral setting, since the payment could be taken as credit by the downstream DTA unit and was not barred under Rule 9(1)(b) of the Cenvat Credit Rules, 2002. On that basis, the penalty and interest also failed, and the demand was sustained only to the extent the appellate order had already set it aside.</description>
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    <pubDate>Wed, 07 Oct 2009 00:00:00 +0530</pubDate>
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      <title>2009 (10) TMI 810 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=155245</link>
      <description>Extended limitation was held unavailable where the assessee sought debonding, paid duty on capital goods and goods in stock as directed, and disclosed the payment to the Department, because the omission relating to work-in-progress did not amount to suppression, misstatement, or deliberate evasion. Cenvat credit was also held admissible on the disputed duty in a duty-neutral setting, since the payment could be taken as credit by the downstream DTA unit and was not barred under Rule 9(1)(b) of the Cenvat Credit Rules, 2002. On that basis, the penalty and interest also failed, and the demand was sustained only to the extent the appellate order had already set it aside.</description>
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      <pubDate>Wed, 07 Oct 2009 00:00:00 +0530</pubDate>
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