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2019 (2) TMI 755 - AT - Central ExciseCENVAT credit - removal of Capital goods after use - Rule 3(5B) of Cenvat Credit Rules - Held that:- The appellant has availed cenvat credit of the duty paid on the capital goods in accordance with the provisions of Cenvat Credit Rules, 2004. After the capital goods were put to use, the same were cleared in the year 2011-12. While clearing the goods, the goods, the appellant has reversed the credit availed at the time of receipt of the capital goods in the factory, reducing the same @ 2.5% per quarter for the period the credit was availed. Therefore, the computation of the department is incorrect. Besides, there is no suppression of fact as the present demand relates to application of the formula prescribed under Rule 3(5B) of Cenvat Credit Rules, 2004. Appeal allowed - decided in favor of appellant.
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