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2010 (7) TMI 332 - AT - Central ExciseCenvat Credit - capital goods cleared as such - capital goods cleared as such and would be required to reverse as per Rule 3(4) of Cenvat Credit Rules - capital goods stand used for a period of more than 7 to 8 years - Held that: - interpretation given by the authorities below would lead to absurd results if an assessee is required to reverse the credit original availed by them at the time of receipt of the capital goods, when the said capital goods are subsequently removed as old, damaged and unserviceable capital goods - on merits also the appellant is not required to reverse the Cenvat Credit as held in the case of Cummins India Ltd. (supra), which is squarely applicable to this case - appeal is allowed
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