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2014 (9) TMI 69 - AT - Central ExciseReversal of CENVAT Credit - whether the amount equivalent to the credit originally taken has to be reversed or not for the clearance of the capital goods after usages for a considerable period - Held that:- Madras High Court in the case of CCE Vs. Rogini Mills Ltd. [2010 (10) TMI 424 - MADRAS HIGH COURT] accepted the decision of the Tribunal, reversal of CENVAT credit of 2.5% for each quarter of an year, from the date of taking of CENVAT credit. The Larger Bench of the Tribunal in the case of Navodhaya Plastic Industries Ltd. (2013 (12) TMI 82 - CESTAT CHENNAI ), following the decision of the Hon'ble Madras High Court answered the reference accordingly - issue should be examined in the light of the decision of the Larger Bench in the case of Navodhaya Plastic Industries Ltd. (supra). Accordingly, I set aside the impugned orders and remit the matter to the adjudicating authority to decide afresh after considering the decision of the Larger Bench in the case of Navodhaya Plastic Industries Ltd. (supra) - decided in favour of assessee.
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