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2017 (1) TMI 293 - AT - Central ExciseCenvat Credit - Restructuring of business - transfer of ownership of their captive power plant, installed within the factory to M/s Bhilai Electric Supply Company Ltd. (BESCL) - transfer deemed as removal by Department - whether the amount is required to be paid under Rule 3(4) of the Cenvat Credit Rules is to be paid by taking such capital goods as removed from the factory? - Held that: - the Hon’ble Supreme Court in the case of J.K. Cotton Spinning and Weaving Mills Ltd. [1987 (10) TMI 51 - SUPREME COURT OF INDIA], has clearly held that removal contemplates physical removal of goods from one place to another. Such a view has also been taken by the majority of the High Court as well as in several Tribunal decisions including in respect of another unit of respondent. Under the circumstances, we find no infirmity in the order passed by the ld. Commissioner who has held that no amount is required to be paid under Rule (4) on capital goods as there has been no removal and dropped the demand of central excise duty - appeal dismissed - decided against Revenue.
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