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2011 (4) TMI 837 - CESTAT, AHEMDABADReversal of cenvat credit - Capital goods removed after using three to four years - Held that:- The provisions of Rule 3(5) of the Rules that provides for reversal of entire/original amount of cenvat credit availed on inputs and capital goods when they are removed as such is not applicable in the present case - Further, there are no specific provisions which provide the manner of reversal of cenvat credit on removal/clearance of capital goods after putting them to use for three to four years, during the period in question i.e. January 2007 - Decided in favour of assessee. Invoking extented period - Held that:- As it is found that the fact was well within the knowledge of the department as reflected in their returns and the payment of duty on clearance was also known to the department - Therefore, on this ground also find that the demand is not sustainable.
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