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2010 (4) TMI 665 - CESTAT, BANGALORECevaat credit – removal of capital goods - SCN issued - manufacturer of the final products shall pay an amount equal to the credit availed in respect of such capital goods – Held that: - removal of Cenvated capital goods after being used, only proportionate Cenvat credit depending upon the period of use, determined as per the formula prescribed in old Rule 57S(2)(c) of Central Excise Rules, 1944 / 2nd proviso to Rule 3(5) of Cenvat Credit Rules, 2004 (introduced w.e.f. 13-11-2007) would be required to be reversed, not the cenvat credit originally taken - if any depreciation on the value of the capital goods used, is to be allowed and proportionate cenvat credit is sought to be reversed – disposed off accordingly
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