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2017 (3) TMI 1501 - AT - Central ExciseReversal of credit - the respondent sold old and used machinery without payment of duty, therefore, it was pointed out that the respondent is required to reverse cenvat credit on these capital goods in terms of Rule 3(5) of the CCR, 2004 - Held that: - as per provisions of Rule 3(5) of the CCR, 2004, the asseessee required to reverse cenvat credit availed on the capital goods if they are cleared as such - Admittedly, in this case, the respondent has not cleared capital goods as such. Moreover, the capital goods have been acquired prior to 1994. This fact has not been disputed by the Revenue with any cogent evidence - provisions of Rule 3(5) of CCR, 2004 are not applicable to the facts of this case, assessee were not required to reverse cenvat credit at all as they have not taken cenvat credit. Appeal dismissed - decided against Revenue.
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