TMI Blog2015 (3) TMI 694X X X X Extracts X X X X X X X X Extracts X X X X ..... By R. Sudhakar, J.) Aggrieved by the order of the Tribunal in allowing the appeal filed by the assessee, the appellant/Revenue is before this Court by filing the present appeal. This Court, vide order dated 28.3.08, admitted the appeal on the following substantial question of law :- Whether the Honourable CESTAT was correct in holding that 'Capital Goods removed as such' would mean without putting the machinery to any use 2. The facts, in a nutshell, are as hereunder :- The assessee received one 'speed frame lapping machine' in the year 1997 and took credit of ₹ 1,37,581/- under the head capital goods. After usage of the machine for about 8 years in the manufacture of final products, the assessee cleared ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... io of the decision of the Tribunal in Madurai Coats case (supra), the appellants are not required to reverse any credit when they removed capital goods after putting it to use for about 8 years. The appellants were required to reverse the credit equal to the credit originally availed only if the capital goods were removed as such which meant without putting the machinery to any use. In the facts of the present case, therefore, the appellants were not required to reverse any credit. In the circumstances, the impugned order demanding differential credit or ₹ 95,181/-, interest thereon and imposing penalty on the appellant is not sustainable. Accordingly, the impugned order is set aside and the appeal is allowed. 5. Heard the learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m 13.11.2007, the relevancy of the said addition providing for making an assessment in a depreciated manner i.e. reducing the Cenvat credit at the rate of 2.5% for each quarter of a year from the date of taking Cenvat credit has not been examined. In the circumstances, the order of the Tribunal impugned in this appeal cannot be found fault with. 9. We, therefore, do not find any scope to entertain this appeal, inasmuch as the questions of law sought to be raised at the instance of the appellant have already been correctly answered by the Tribunal itself and therefore, we do not find any need or necessity to entertain the said questions of law once over again. The order of the Tribunal in remanding back to the original authority for re-de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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