https://www.taxtmi.com/caselaws?id=54891 Under the excise credit rules, input duty credit was held usable for duty on capital goods cleared as such because the statutory fiction treated such removal as clearance of deemed manufactured goods, and the relevant proviso covered that debit; the demand on that basis was not sustainable. The demand was also time-barred because wilful misstatement or suppression of facts was not established, so extended limitation and penalty could not be invoked. Proceedings initiated under a rule that had been substituted without any saving clause were held not maintainable. The impugned order was set aside and the appeal was allowed. en-us Mon, 11 Jul 2005 00:00:00 +0530 Fri, 22 Oct 2010 15:54:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=54891 Under the excise credit rules, input duty credit was held usable for duty on capital goods cleared as such because the statutory fiction treated such removal as clearance of deemed manufactured goods, and the relevant proviso covered that debit; the demand on that basis was not sustainable. The demand was also time-barred because wilful misstatement or suppression of facts was not established, so extended limitation and penalty could not be invoked. Proceedings initiated under a rule that had been substituted without any saving clause were held not maintainable. The impugned order was set aside and the appeal was allowed. Case-Laws Central Excise Mon, 11 Jul 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=54891