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    <title>2014 (7) TMI 435 - CESTAT BANGALORE</title>
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    <description>Removal of bottles and crates as such after CENVAT credit had been taken was treated as attracting duty reversal, interest and penalty where the assessee could not show that the goods cleared were not the credit-availment goods and the clearances were made under private documents without proper excise invoices. The limitation objection based on revenue neutrality was rejected because the assessee had not followed the mandatory accounting, invoicing and return-filing requirements, which supported invocation of the extended period. Recovery was also held permissible before the later amendment, since wrongly taken or utilized credit remained recoverable under the existing rule and the amendment was treated as clarificatory.</description>
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      <title>2014 (7) TMI 435 - CESTAT BANGALORE</title>
      <link>https://www.taxtmi.com/caselaws?id=249398</link>
      <description>Removal of bottles and crates as such after CENVAT credit had been taken was treated as attracting duty reversal, interest and penalty where the assessee could not show that the goods cleared were not the credit-availment goods and the clearances were made under private documents without proper excise invoices. The limitation objection based on revenue neutrality was rejected because the assessee had not followed the mandatory accounting, invoicing and return-filing requirements, which supported invocation of the extended period. Recovery was also held permissible before the later amendment, since wrongly taken or utilized credit remained recoverable under the existing rule and the amendment was treated as clarificatory.</description>
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