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2018 (4) TMI 152

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..... onsidered by the Larger Bench in the case of CCE H derabad Vs. Navodhaya plastic industries ltd. [2013 (12) TMI 82 - CESTAT CHENNAI]. The Larger Bench observed that there is no justification for insisting on reversal of entire credit availed. Appeal dismissed - decided against Revenue. - Appeal(s) Involved: E/833/2008-DB - Final Order No. 20193 / 2018 - Dated:- 13-2-2018 - MR. S. S GARG, JU .....

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..... al Excise Rules, 2002 were issued indicating the above. However, the Department was of the view that the respondent was required to reverse the CENVAT credit what was availed by them at the time of procurement of the original capital goods. Both the authorities below ordered the payment of duty on transaction value. Revenue has filed the present appeal agitating that the respondent is required to .....

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..... Larger Bench in the above case observed that there is no justification for insisting on reversal of entire credit availed. The Larger Bench observed as follows: - 5 However, on the question whether there is any need for reversal of any part of the credit that is taken has been answered differently in the above decisions. In the case of Cummins India credit reversed based on transaction value .....

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..... versal of any amount when used capital goods were removed and therefore no demand was sustainable. Thus, though there is agreement on the issue that the full credit taken at the time of receipt of the goods need not be reversed, the views of different High Courts has differed in the matter of quantum of credit to be reversed. 10. The use of capital goods is to spread over many years. A decisi .....

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