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    <title>2018 (6) TMI 178 - CESTAT MUMBAI</title>
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    <description>Capital goods moved between units of the same assessee under challan were covered by Rule 4(5)(a) of the Cenvat Credit Rules, 2004. Delay beyond 180 days did not, by itself, justify permanent denial of credit where the goods were ultimately received back; at most, reversal and interest for the delayed period could arise, subject to verification of actual receipt and payment from records. Penalties on the receiving unit and its director were unsustainable because the compliance obligation rested on the sender, not the transferee unit. The matter concerning the sending unit was remanded for fresh adjudication on factual verification.</description>
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      <link>https://www.taxtmi.com/caselaws?id=361351</link>
      <description>Capital goods moved between units of the same assessee under challan were covered by Rule 4(5)(a) of the Cenvat Credit Rules, 2004. Delay beyond 180 days did not, by itself, justify permanent denial of credit where the goods were ultimately received back; at most, reversal and interest for the delayed period could arise, subject to verification of actual receipt and payment from records. Penalties on the receiving unit and its director were unsustainable because the compliance obligation rested on the sender, not the transferee unit. The matter concerning the sending unit was remanded for fresh adjudication on factual verification.</description>
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