2018 (7) TMI 610

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....ORDER Brief facts are that the appellants are engaged in manufacture of cast articles of iron and aluminium. They purchased three machineries (capital goods) in the year 1996 - 1997. In 2005, they cleared those capital goods to M/s. Shanthi Casting Works, Coimbatore which is their job worker under returnable delivery challans along with excise invoice on payment of duty for manufacture of goods b....

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....- along with interest and for imposing penalties. After due process of law, the original authority confirmed the demand, interest and imposed penalties. In appeal, Commissioner (Appeals) upheld the same. Hence this appeal. 2. On behalf of the appellant, ld. counsel Shri M. Kannan submitted that when the capital goods were returned to the appellant's factory by the job worker, the goods were actua....

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....ch also they have availed credit. Therefore, the appellant is guilty of wrongful availment of credit and the demand, interest and the penalty imposed is legal and proper. 4. Heard both sides. 5. After hearing the submissions and perusing the records, it is brought out that the appellants after shifting the capital goods to their job worker in 2005 has issued a returnable delivery challan with ce....