2016 (12) TMI 1211

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....n September' 2010. The finished goods and the cenvat credit available therein were transferred to its Dharuhara Unit. As a result of closure of factory, the Department initiated proceedings against the appellant and confirmed the cenvat demand along with interest. Penalty was also imposed on the appellant. The reasons assigned for confirmation of demand are as under:- (i) Non-reversal Cenvat credit on cylinder valves (Rs.1,37,378/-) (ii) Non-reversal of cenvat credit on scrap and discarded capital goods at the time of closure of the factory (Rs.4,25,704/-) (iii) Delayed reversal of cenvat credit (Rs.2,20,704/-) (iv) Cenvat credit passed on to the customers under invoices issued in the capacity of the first stage dealer (Rs.50,207/-) 3.....

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.... period 2007-2008 on which cenvat credit has not been taken, is not appreciated at this juncture for the reason that no documents were produced to show that the valves cleared during the disputed period were procured prior to 2007-2008 and no Modvat/ Cenvat credit has been taken by the appellant. Therefore, I do not find any merits in the appeal and upheld the cenvat demand of Rs. 1,37,378/- confirmed against the appellant along with applicable rate of interest and the penalty confirmed in the adjudication order. 7. With regard to clearance of scrap and discarded capital goods, the submission of the Ld. Consultant is that the original capital goods were procured during the period 1993/1994 on which no Modvat/ cenvat credit had been availed....