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2017 (11) TMI 22 - CESTAT NEW DELHIWhether the appellant is liable to pay Central Excise duty by way of reversal under the provisions of Rule 3(5) of Cenvat Credit Rules, 2004? Held that: - it is an admitted fact that the appellant have cleared/used capital goods which are further usable for another manufacture. Accordingly, under the provisions of Rule 3(5) of CCR, 2004, the appellant is entitled to deduction of 2.5% per quarter from the date of credit till the date of disposal on the amount of Cenvat credit taken at the time of acquisition/erection of the capital goods in question. Accordingly, the appellant is only liable to pay an amount of ₹ 44,151/- towards the duty, by way of reversal under Rule 3(5) of CCR, 2004 - the appellant is entitled to refund of the balance amount deposited under protest, which is evident on the face of the record - appeal allowed in part.
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