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2018 (5) TMI 1286 - AT - Central ExciseReversal of CENVAT credit - removal of scrap generated and old capital goods - whether the appellant is required to pay duty by way of reversal under Rule 3(5) or 3(5)(A) of CCR, 2004 on removal of the scrap generated from used and old capital goods? Held that: - it is not the case of Revenue that either the appellant have not maintained proper records as required under the scheme of the Act and the Rules or they failed to furnish any information as called from them - the affidavit submitted by the competent person of the appellant was not found to be wrong and have been rejected without any reason for doing so - the show cause notice is presumptive and hence not maintainable. It appears that the plant was definitely more than 10 years old which have been removed. Thus the depreciated value also becomes nil in course of time calling for no reversal of Cenvat credit (as per amended rules). Appeal allowed - decided in favor of appellant.
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