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2012 (9) TMI 637 - AT - Central ExciseCenvat credit - assessee had purchased the goods in the year 2001 and they had availed the credit - In the year 2006, the appellants had sold those goods and discharged the duty liability based on its depreciated value - department’s contention is that since the goods have been removed as such in the year 2006, the entire credit is required to be reversed by them as the period of clearance of the goods is prior to amendment of Rule 3(5) – Held that:- Rule 3(5) refers to the situation which may arise not necessarily in relation to any processing or acting upon the capital goods for any purposes but even for the purpose of discarding the capital goods. Being so, the expression “as such” in Rule 3(5) cannot be understood in the same way as is to be understood in relation to the use thereof in Rule 4(5)(a) – In favor of assessee
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