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2019 (7) TMI 53 - AT - Central ExciseValuation - liability of duty on the transaction value of waste and scrap of capital goods on which Cenvat credit was availed - Rule 3(5A) of Cenvat Credit Rules, 2004 - HELD THAT:- There is no dispute that after inserting Rule 3(5A) in Cenvat Credit Rules, the assessee is required to pay duty on waste and scraps of capital goods on which Cenvat credit is availed. Time limitation - HELD THAT:- After insertion of the provision, there is no doubt and there is no scope for the assessee to entertain any bonafide belief that whether duty is payable or not on the waste and scrap of capital goods - Appeal is not time barred. Applicability of decision in the case of SHRIRAM ALKALI & CHEMICALS VERSUS COMMISSIONER OF C. EX., SURAT [2010 (8) TMI 274 - CESTAT, AHMEDABAD] - HELD THAT:- The issue in that case was of classification of waste and scrap and on the substantial portion of the goods, the assessee had not taken Cenvat credit. Whereas in the present case, there is no dispute that the appellant had availed Cenvat credit on the capital goods. Therefore, the decision cited by the appellant is not applicable. Appeal dismissed - decided against appellant.
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