TMI Blog2011 (4) TMI 1116X X X X Extracts X X X X X X X X Extracts X X X X ..... ital goods and putting them to same use is not enough to exclude the requirement of reversing cenvat credit under Rule 3(5) of the Cenvat Credit Rules, 2004 (for short “the Rules”) as the said provision applies if the goods are as such, goods were not cleared in the same position but after having been used and in such situation Rule 3(5) of the Rules will not apply, appeal is dismissed - 10 of 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Whether the duty is payable under Rule 3(5) of Cenvat Credit Rules, 2004 on the cenavated capital goods when the same are sold as capital goods? 2. The assessee purchased capital goods and availed cenvat credit thereon. The said goods were thereafter sold. The assessee claimed that cenvat credit was not liable to be reversed while clearing used capital goods on which no central excise duty was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... after use cannot be treated as cleared as such . Similarly, in the case of Madura Coats Ltd. has held that the capital goods removed after putting them to use cannot be held as removed as such. This decision stands upheld by the Hon ble High Court of Mumbai. In view of the above, I do not find any merit in the appeal challenging the concurrent finding of the Commissioner (Appeals) and the origi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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