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2016 (11) TMI 1168 - AT - Central ExciseDemand of differential duty - Capital goods cleared as such - whether on clearance of the capital goods after being put to use for more than six years, the CENVAT credit availed at the time of its receipt, should be reversed or the duty on the depreciated value of the capital goods as on the date of clearance from the factory be required to be paid? - Held that: - the CBEC Circulars issued from time to time, clarified that the depreciated value be considered for recovery of the CENVAT credit on the clearance of the capital goods, after being put to use - the matter needs to be remanded to the adjudicating authority to re-determine the quantum of credit required to reversed in the light of Board’s Circular. Period of limitation - Held that: - The aspect of limitation though considered by adjudicating authority but not addressed by the Ld. Commissioner (Appeals) in the impugned order. On a query from the bench about the claim of the respondent that whether they have disclosed all the facts to the department, the ld. Consultant for Respondent submits they may be allowed a chance to place necessary evidences during the remand proceeding before the adjudicating authority and requested that all issues be kept open. Appeal allowed by way of remand.
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