TMI Blog2013 (12) TMI 1191X X X X Extracts X X X X X X X X Extracts X X X X ..... in existence at that time - Held that:-Prima facie there was force in the contention that payment of duty or reversal on scrap of capital goods became liable to duty w.e.f. 16.05.2005 and no such provision was there between January, 2004 to 15.6.2005 - CENVAT Credit involved after 16.05.2005 on scrap of capital goods is around Rs.38 Lakhs – Assessee directed to deposit 25% of the amount of CENVAT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ores an amount of Rs.11 Lakhs (approx.) related to CENVAT Credit involved on cleared scrap of inputs. The balance amount related to CENVAT Credit on clearance of waste and scrap of capital goods. Ld. Advocate further submitted that the levy of duty/reversal of credit availed on capital goods during the relevant period has been prescribed in CENVAT Credit Rules by inserting Rule 5(A) to the said Ru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and perused the records. Prima facie we find force in the argument of the Ld. Advocate that payment of duty or reversal on scrap of capital goods became liable to duty w.e.f. 16.05.2005 and no such provision was there between January, 2004 to 15.6.2005. We find from the annexure to the show cause notice that CENVAT Credit involved after 16.05.2005 on scrap of capital goods is around Rs.38 Lakhs. I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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