TMI Blog2008 (1) TMI 716X X X X Extracts X X X X X X X X Extracts X X X X ..... rder - appeal dismissed - decided against appellant. - E/162/2007 - 80/2008 - Dated:- 11-1-2008 - Dr. S.L. Peeran, Shri T.K. Jayaraman, JJ. REPRESENTED BY : Ms. Sudha Koka, SDR, for the Appellant. Shri S. Raghu, Advocate, for the Respondent. [Order per : S.L. Peeran, Member (J)]. This is a revenue appeal against O-I-A dated 31-1-07 upholding the assessee s reversal of credit a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al goods and it is not in dispute that the appellants have sold the used goods to independent consumers and paid duty on the transaction value as held in Tribunal decision [2005 (190) E.L.T. 450 (Trib.) Madura Coats (P) Ltd. v. CCE.] As such, the method adopted by the appellant for the removal of CENVAT availed machinery is found to be in order. I, therefore, pass the following order : ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lem [2006 (201) E.L.T. 592 (Tri.-Che)]. It is seen that the Govt. of India has also issued a Notification No. 39/07 - N.T., dated 13-11-07 amending Rule 3 sub-rule (5) of the Cenvat Credit Rules which provide for giving a deduction of 2.5% for each quarter of the year or part thereof from the date of taking the Cenvat credit when the capital goods are sold. In the present case, they have paid duty ..... X X X X Extracts X X X X X X X X Extracts X X X X
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