<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2018 (12) TMI 427 - CESTAT CHENNAI</title>
    <link>https://www.taxtmi.com/caselaws?id=371658</link>
    <description>Under the MODVAT framework, removal of inputs as such required duty payment equal to the credit availed under Rule 57F. The notice was found vague and inconsistent because it alternated between treatment of the clearances as inputs as such and as manufactured tablets. On the record, the appellant had already paid duty through invoices and reversed credit, and the total paid exceeded the demand; accordingly, no further duty demand or additional credit reversal was sustainable and the sums already paid were to be adjusted. As the demand failed and the record did not show suppression with intent to evade duty, the penalties also could not survive.</description>
    <language>en-us</language>
    <pubDate>Thu, 06 Dec 2018 00:00:00 +0530</pubDate>
    <lastBuildDate>Sat, 08 Dec 2018 06:36:10 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=546087" rel="self" type="application/rss+xml"/>
    <item>
      <title>2018 (12) TMI 427 - CESTAT CHENNAI</title>
      <link>https://www.taxtmi.com/caselaws?id=371658</link>
      <description>Under the MODVAT framework, removal of inputs as such required duty payment equal to the credit availed under Rule 57F. The notice was found vague and inconsistent because it alternated between treatment of the clearances as inputs as such and as manufactured tablets. On the record, the appellant had already paid duty through invoices and reversed credit, and the total paid exceeded the demand; accordingly, no further duty demand or additional credit reversal was sustainable and the sums already paid were to be adjusted. As the demand failed and the record did not show suppression with intent to evade duty, the penalties also could not survive.</description>
      <category>Case-Laws</category>
      <law>Central Excise</law>
      <pubDate>Thu, 06 Dec 2018 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=371658</guid>
    </item>
  </channel>
</rss>