TMI Blog2014 (4) TMI 1142X X X X Extracts X X X X X X X X Extracts X X X X ..... more res integra and stands settled by various decision of the Tribunal as also of High Court. Reference can be made to Hon’ble Delhi High Court’s decision in the case of Harsh International (Khaini) Pvt. Ltd. Vs. CCE (2012 (6) TMI 340 - DELHI HIGH COURT ) and Larger Bench decision in the case of CCE Hyderabad Vs. Novodhaya Plastic Industries Ltd. (2013 (12) TMI 82 - CESTAT CHENNAI ). It stand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal Order No.51934/2014 - Dated:- 30-4-2014 - Ms. Archana Wadhwa, Member (Judicial) Shri V. Swaminathan, Advocate- for the appellant Shri M.S. Negi, A.R.- for the respondent JUDGEMENT Per Archana Wadhwa : After hearing both the sides, I find that the appellants are engaged in the manufacture of fuel injection pumps used in automobiles. The capital goods received by the th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e culminated into an order passed by original adjudicating authority confirming the demand and imposing penalty of equivalent amount. The Commissioner (Appeals) upheld the order of the original adjudicating authority. 3.The short issue required to be decided in the present appeal is as to whether on removal of used capital goods, the appellant is required to reverse the entire Cenvat credit ori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d after continuous use in a number of years, the depreciated value in terms the board s circular No. 643/34/2002-Ex. Dated 1.7.2002 prescribing deduction of 2.5% of credit for each quarter of use of machine year from date of taking of Cenvat credit is required to be followed. 5.Accordingly, I set aside the impugned order and remand the matter to the original adjudicating authority for arriving ..... X X X X Extracts X X X X X X X X Extracts X X X X
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