2012 (4) TMI 500

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....ent. Shri S.S. Gupta, for the Assessee. [Order]. - There are two appeals, one filed by the appellants and the other filed by the revenue against order-in-appeal No. 171/M-V/2002 dated 1-5-2002 passed by the Commissioner of Central Excise (Appeals), Mumbai. As both the appeals are arising out of a common order, they are being taken up together for consideration and disposal. 2. The....

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....Cenvat credit wrongly taken but set aside the penalties on the appellant on the ground that the assessee did not have any intention to deliberately evade or avoid duty. The assessee is before me against confirmation of duty demand whereas the revenue is before me for imposing the penalty on the appellant/assessee, as the ld. lower appellate authority has set aside the same. 4. The ld. Cons....

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....e (8) to (10) of the Rule 57S of the Central Excise Rules, 1944, which are relevant for considering the issue reads as follows :- "8. Notwithstanding anything contained in sub-rule (1) a manufacturer may, with the permission of the Commissioner and subject to such terms and conditions and limitations as he may impose, remove the moulds and dies, without payment of duty, to a job-worker for....

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....ssessee needs to take prior permission before removal of the capital goods and if the capital goods are not brought back within a period of three months or within such extended period, they are liable to pay duty equivalent to the credit taken. In the instant case it is an admitted fact that the assessee did not take any permission from the department nor did they bring back the moulds and dies wi....