2006 (5) TMI 87

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....PIC (HCD) had taken credit of the duty paid by its job workers on repaired/processed transformer oil and the transformer. The original authority confirmed the demand of the credit to the extent of Rs. 1,83,966/- availed by M/s. SPIC (HCD) under Rule 57U of the Central Excise Rules, 1944. The original authority had held that the job workers were not required to pay duty on the repaired/reconditione....

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.... SPIC (HCD) was entitled to take credit of the duty paid by the job worker irrespective of the fact whether the job worker was required to pay duty or not. 3. Smt. R. Bhagyadevi, learned SDR reiterated the reasoning contained in the impugned order. 4. We have considered the rival submissions. It is observed that the appellant had received the goods and had taken credit of the dut....

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....ts on the ground that the duty paid was in excess of the duty actually payable". This observation applies mutatis mutandis to capital goods credit as well. The assessee had worked out duty liability on the processed oil with reference to the quantity of used oil received for processing. As there was no shortage in the oil received by the appellant compared to the quantity of processed oil cleared ....