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    <title>2016 (11) TMI 351 - CESTAT CHANDIGARH</title>
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    <description>A mistaken excess debit in RG-23A Part II was held not to be a refund claim governed by Section 11B of the Central Excise Act, 1944, so the assessee could restore the amount by taking suo motu credit in its records. Penalty was also considered for credit taken on capital goods before their actual receipt in the factory; that procedural lapse justified a penalty despite the absence of substantive benefit. The result was partial relief: the credit issue was allowed in favour of the assessee, while the penalty was upheld.</description>
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      <link>https://www.taxtmi.com/caselaws?id=334333</link>
      <description>A mistaken excess debit in RG-23A Part II was held not to be a refund claim governed by Section 11B of the Central Excise Act, 1944, so the assessee could restore the amount by taking suo motu credit in its records. Penalty was also considered for credit taken on capital goods before their actual receipt in the factory; that procedural lapse justified a penalty despite the absence of substantive benefit. The result was partial relief: the credit issue was allowed in favour of the assessee, while the penalty was upheld.</description>
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      <pubDate>Mon, 22 Aug 2016 00:00:00 +0530</pubDate>
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