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2015 (10) TMI 1220 - CESTAT MUMBAI

2015 (10) TMI 1220 - CESTAT MUMBAI - TMI - Refund claim - CENVAT Credit - ower authorities rejected the refund claim relying upon Rule 3(5) of Cenvat Credit Rules, 2004, holding that removal of forklift is as such requires reversal of Cenvat Credit availed. - Held that:- There is no dispute that forklift was removed after use in the factory premises of appellant. Revenue's case of requirement of reversal entire amount of Cenvat Credit availed is an incorrect view. - In view of the foregoing and .....

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find that the issue is regarding refund on an amount which was not payable. Appellant has purchased forklift and availed Cenvat Credit amounting to ₹ 1,09,491/-; the same was sold on discharge of central excise duty of ₹ 39,000/- after six years. Department objected by contending that appellant should have paid an amount equal to the credit taken, accordingly appellant reversed differential excise duty amounting to ₹ 70,491/- along with interest of ₹ 12,319/- under protes .....

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is an incorrect view. Hon'ble High Court of Punjab & Haryana in the case of Raghav Alloys Ltd. -2011(268) ELT 161, in paragraph 8 while dealing on the same point held under: We have heard arguments of both the Ld. Counsel. The Tribunal has rightly noted that unlike inputs, which get consumed 100% with the same are taken up for use in relation to manufacture of finished goods, capital goods are used over a period of time. The capital goods loose their identity as capital goods only when a .....

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