2016 (8) TMI 835

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....pta, Advocate Present for the Respondent : Shri V.R. Reddy (Asstt. Commissioner) (AR) ORDER Present appeal is filed by M/s Motherson Sumi Systems Ltd.. 2.  The brief facts of the case are that the appellant was issued with the show cause notice No. V(15)Adj/Noida/Motherson/05/06/8048 dated 29.3.2006 wherein there were three allegations (i)  Appellant had written off ....

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....ld that as per the instruction in CBEC Circular 645/36/2002-CX., dated 16.7.2002 Cenvat credit on capital goods written off are recoverable. The original authority has confirmed the demand of Central Excise duty of Rs. 14,11,040/- The Original Authority confirmed the demand of recovery of Central Excise of Rs. 17,278/- and also confirmed the demand of Central Excise duty of Rs. 7,291/and imposed p....

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.... of value. He has further relied on ruling by Hon'ble High Court of Gujarat in the case of CCE vs. Ingersoll Rand (India) Ltd. reported in 2014 (300) E.L.T. 347 (Guj.) wherein the Hon'ble High Court ruled that mere diminishing of value of goods in books of account of assessee that itself would not permit the Department to insist on reversal of credit particularly when the goods are still a....

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....n that the inputs were not at all received in to the factory. Therefore, we hold that original order confirmation demand of Cenvat credit amounting to Rs. 17,278/- and interest thereon and penalty equal to same is not sustainable. In respect of short levy of Rs. 7,291/-, we find that no evidence has been produced to establish that additional consideration was received by appellants. The levy requi....