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2017 (3) TMI 1216 - AT - Central ExciseCENVAT credit - inputs cleared as such - clearance of the input to sister unit as such after reversing the credit equal to the duty of excise which is applicable on said goods on the date of such removal and on the value determined for such goods - CBEC Circular No. 643/34/2002-CX dated 1-7-2002 - Held that: - in terms of the said clarification, it is clear that for arriving at value of the said goods, value shown in the invoice on the basis of which Cenvat credit was taken by the assessee in the first place should be adopted for the purpose of Rule 57 AB (1C) or Rule 3(4) of the CCR, 2001 or 2002 - reliance was placed in the case of Eicher Tractors Vs. CCE [2005 (9) TMI 340 - CESTAT, NEW DELHI], where it was held that The revenue cannot argue against its own Circular, when the Board has stated that the provisions of the Rule 3(5) of the CCR, 2004 would apply in respect of the capital goods and inputs on which credit has been availed are removed as such - demand set aside - appeal allowed - decided in favor of appellant.
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