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2015 (10) TMI 141 - AT - Central ExciseRemoval of capital as such - Reversal of CENVAT Credit - Held that:- Explanation to Rule 57AB of Central Excise Rules 1944 provides when inputs or capital goods are removed from the factory, the manufacturer of the final product would pay the appropriate duty of excise leviable thereon as if such inputs or capital goods have been manufactured in the same factory, and such removal shall be made under the cover of an invoice prescribed under Rule 52A of the said Rules. - Provision was changed from time to time. The Larger Bench of the Tribunal in the case of Eicher Tractors (2005 (9) TMI 340 - CESTAT, NEW DELHI) while dealing with the Rule 3(5) of CENVAT Credit Rules on the issue in respect of valuation of inputs on which CENVAT Credit has been availed and removed as such held in favour of the assessee. Rule 3(5) of CENVAT Credit Rules 2004 provides that when inputs or capital goods on which CENVAT Credit has been taken are removed as such from the factory, the manufacturer of the final product shall pay an amount equal to the credit availed in respect of such inputs. - Decided in favour of assessee.
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