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2012 (6) TMI 397 - CESTAT, AHMEDABADReversal of the cenvat credit - the appellants had removed capital goods on which credit had been taken to another unit of the same company – Held that:- As this is a case where if the unit were to reverse the cenvat credit in its entirety also, the credit would have been taken in the other unit and therefore the situation was entirely revenue-neutral – assessee’s submission that the other unit was not making entire payment from cenvat credit alone thus the revenue neutrality situation would exist - there were no decisions during the relevant time giving the logic for payment of cenvat credit on the basis of depreciated value - when a transaction value is available, cenvat credit reversal has to be on the basis of transactional value even prior to the amendment - it cannot be said that there was suppression of fact or mis-declaration with intention to evade duty, thus confirmation of the demand cannot be sustained - in favour of assessee.
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