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    <title>2013 (9) TMI 167 - CESTAT MUMBAI</title>
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    <description>Used capital goods, including cylinders and rollers cleared for reprocessing, were treated as removed &quot;as such&quot; under the CENVAT and excise credit regime, because the expression was read in its ordinary sense to cover goods cleared in original form, whether used or unused. On that basis, duty and CENVAT credit reversal were held sustainable for the remaining appeals. Penalty was not justified where the dispute was purely interpretational and conflicting views had existed before the Larger Bench ruling. For the earlier period, the extended limitation allegation failed on the facts and prior notice, so that appeal was allowed in full and the connected demand was set aside.</description>
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      <title>2013 (9) TMI 167 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=236734</link>
      <description>Used capital goods, including cylinders and rollers cleared for reprocessing, were treated as removed &quot;as such&quot; under the CENVAT and excise credit regime, because the expression was read in its ordinary sense to cover goods cleared in original form, whether used or unused. On that basis, duty and CENVAT credit reversal were held sustainable for the remaining appeals. Penalty was not justified where the dispute was purely interpretational and conflicting views had existed before the Larger Bench ruling. For the earlier period, the extended limitation allegation failed on the facts and prior notice, so that appeal was allowed in full and the connected demand was set aside.</description>
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