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2005 (9) TMI 340 - AT - Central ExciseValuation of the capital goods - Availment and reversal of Cenvat credit on Inputs purchased for use in final products at the time of removing from the factory - HELD THAT:- It is seen that the Board vide its circular dated 25-4-2005 has categorically said that clarifications given in this Circular supersede the earlier Circular dated 1-7-2002 . The revenue cannot argue against its own Circular, when the Board has stated that the provisions of the Rule 3(5) of the Cenvat Credit Rules, 2004 would apply in respect of the capital goods and inputs on which credit has been availed are removed as such. Thus, we hold that the reference has to be answered in favour of the appellants. Since no other issue arises in the said matter, the appeal is allowed.
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