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2015 (10) TMI 123 - AT - Central ExciseClandestine removal of goods - Demand of differential duty - Board's circular No.643/34/2002 dt. 1.7.2002 - Held that:- As the issue of removal of capital goods after use and the reversal of credit thereof on the depreciated value is settled by the Hon'ble High Court in the case of CCE Vs Rohini Mills (2010 (10) TMI 424 - MADRAS HIGH COURT), the said decision of Hon'ble Madras High Court is squarely applicable to the present case. - appellants are liable to pay differential duty on the value of capital goods removed to their sister unit by adopting depreciation as per the Board's circular No.643/34/2002 dt. 1.7.2002 read with Circular No.495/16/1993-Cus. dt.26.5.93. The impugned order is therefore liable to be set aside. - taking into the facts and circumstances of the case, I take a lenient view that the respondents are not liable for penalty. In view of the above, the impugned order is set aside and OIO is restored to the extent of confirming the demand - Decided partly in favour of assessee.
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