TMI Blog2013 (9) TMI 212X X X X Extracts X X X X X X X X Extracts X X X X ..... e date of taking the Cenvat Credit – Board’s Circular dated 1-7-2002 clarified that in the case of clearance of goods after being put into use, the value shall be determined after allowing the benefit to depreciation as per rates fixed - The machine cleared after putting into use for nine years cannot be treated as Cleared as such – Decided in favor of Assessee. - Appeal No.E/1394/2011 - - - Dated:- 8-2-2013 - Mr. M.V. Ravindran, J. For the Appellant: Shri Vinay Kansara, Adv. For the Respondent: Dr.J.Nagori, Addl.Commissioner (A.R.). JUDGEMENT Per: M.V. Ravindran: This appeal is directed against Order-in-Appeal No.BC/243/ SURAT-II/2011, dt.12.09.2011. 2. The facts of the case, in brief, are that during the course of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no more res-integra as Hon'ble High Court of Punjab Haryana in the case of Raghav Alloys Ltd 2011 (268) ELT 161 (P H), in an identical situation, has held in favour of the assessee and produces a copy of the said judgment. 6. Ld.Additional Commissioner (A.R.), reiterates the findings of the lower authorities. 7. On careful consideration of the submissions made by both sides, I find that there is no dispute that the appellant had procured the forklifts during the year 2000-2001 and availed the CENVAT Credit. It is also not in dispute that such forklifts were put to use in the factory premises. Subsequently, on being advised by the Engineer (as per certificate enclosed at Page Nos.30 31), they scrapped the said forklifts. The lower au ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t has been taken are removed after being used, the manufacturer shall pay the amount equal to Cenvat Credit taken on the said capital goods reduced by 2.5% for each quarter of year or part thereof from the date of taking the Cenvat Credit. The Board has also in the Circular dated 1-7-2002 clarified that in the case of clearance of goods after being put into use, the value shall be determined after allowing the benefit to depreciation as per rates fixed in Boards Letter dated 26-5-1993. The Respondent has utilized the machinery for nine years and paid duty on transaction value. The machine cleared after putting into use for nine years cannot be treated as Cleared as such. Insertion of proviso w.e.f. 13-11-2007 makes it clear that there is d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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