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2008 (5) TMI 552 - AT - Central ExciseDemand - Cenvat/Modvat credit - Capital goods removed as such - Held that: - Rule 3(4) of the Rules provides that when inputs or capital goods, on which CENVAT credit has been taken, are removed as such from the factory, the manufacturer of the final products shall pay an amount equal to the duty of excise which is leviable on such goods at the rate applicable to such goods on the date of such removal and on the value determined on such goods under sub-Section (2) of Section 3 or Section 4 or Section 4A of the Act, as the case may be - respondent did not clear the capital goods, as such and therefore Rule 3(4) of the Rules cannot be invoked - appeal dismissed - decided against Revenue.
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