2011 (1) TMI 243

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.... M.Kannan, learned advocate appearing for the appellants states that the impugned capital goods in respect of which 50% credit was availed in the first year of receipt in the appellants own factory within the same year were removed to the appellants sister concern. The appellants have reversed an amount equal to 50% of the credit amount which was taken. The department has demanded full amount of d....

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....y were not eligible for remaining 50% of the credit. Moreover, in terms of Rule 57 AB (1C), at the material time, when capital goods were removed as such, appellants were required to pay an amount equal to duty of excise which is leviable on such goods. Hence the demand against the appellants for paying the full amount of duty is in accordance with the provisions of law and therefore, the appeal i....