TMI Blog2013 (6) TMI 487X X X X Extracts X X X X X X X X Extracts X X X X ..... ] - the demand for reversal of entire duty is not justified. - Decided in favor of assessee. - Appeal No.E/276/06 - - - Dated:- 20-3-2012 - Mr. M.V. Ravindran and Mr. B.S.V. Murthy, JJ. For the Appellant: Shri Jatin Mehta, C.A. For the Respondent: Shri R.S. Srova, A.R. JUDGEMENT Per: Mr. M.V. Ravindran; This appeal is directed against the order-in-appeal No. 524/2006/442(RA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Cenvat Credit Rules, 2004 upheld the order-in-original and held that the appellant is liable to reverse the cenvat credit availed on the capital goods which were removed after utilisation. 3. Ld. representative of the appellant would draw our attention to the judgment of the Honble High Court of Punjab Haryana in CEA No.104/09 dated 20.04.10 and submit that the Honble High Court has now set ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and use and on payment of the duty on the depreciated value of the such capital goods. 6. We find that ld. representative of the appellant was correct in bringing to our notice that the issue is now settled by the Hon ble High Court of Punjab Haryana in the case of Raghav Alloys Ltd. in CEA No.104 of 2009 dated 20.04.10 as reported at 2011 (268) ELT 161 (P H). We may respectfully reproduce t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch the Assessee shall be liable to pay duty equal to amount of Cenvat Credit availed. The machines which are cleared after utilization cannot be treated as machines cleared as such. With effect from 13-11-2007, a proviso has been added to Rule 3(5) of the Cenvat Credit Rules providing that if the capital goods on which Cenvat credit has been taken are removed after being used, the manufacturer sha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e view of the Tribunal in the case of Cummins India Limited v. CCE, Pune-III, 2007 (219) E.L.T. 911 (Tri. - Mumbai). The Tribunal in the case of Nahar Fibres has also dismissed Appeal of the Revenue and there is nothing to show that the said decision of the Tribunal has been set aside by any Court. 7. It can be seen from the above reproduced ratio of their lordships, the issue covered in favour ..... X X X X Extracts X X X X X X X X Extracts X X X X
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