https://www.taxtmi.com/caselaws?id=203610 Where capital goods on which only 50% credit had been taken were removed to a sister unit before the balance credit could be availed, the condition for taking the remaining credit was not satisfied and duty on removal as such became payable. The duty demand and interest were therefore sustained. On penalty, the Tribunal accepted that the assessee had reversed credit and acted under a bona fide belief as to the extent of reversal required, so penal action was not justified. The penalty was set aside, leaving the substantive duty liability intact. en-us Wed, 19 Jan 2011 00:00:00 +0530 Mon, 23 May 2011 17:53:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=203610 Where capital goods on which only 50% credit had been taken were removed to a sister unit before the balance credit could be availed, the condition for taking the remaining credit was not satisfied and duty on removal as such became payable. The duty demand and interest were therefore sustained. On penalty, the Tribunal accepted that the assessee had reversed credit and acted under a bona fide belief as to the extent of reversal required, so penal action was not justified. The penalty was set aside, leaving the substantive duty liability intact. Case-Laws Central Excise Wed, 19 Jan 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=203610