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2016 (11) TMI 429 - CESTAT ALLAHABADReversal of Cenvat credit - Capital Goods - Rule 3(5) of CCR 2004 - Held that: - treating of the cleared/removed JCB machines as waste and scrap on the basis of description in the invoice old and discarded not usable is erroneous in absence of any ground rules for the same - In the facts of the present case, even by the rule of thumb, the price received on sale of the JCB machines (about 40% of purchase value) by the appellant, cannot be said to be scrap value - the appellant is entitled to 100% depreciation under the provisions of Rule 3 (5) as the admittedly user of JCB machines in question is for 40 quarters - Appeal allowed.
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