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M/s. Balkrishna Industries Ltd. Versus Commissioner of Central Excise, Aurangabad

2015 (10) TMI 1220 - CESTAT MUMBAI

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 t .....

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(4) TMI 294 - PUNJAB & HARYANA HIGH COURT] on the same issue, the impugned order is liable to be set aside - Appeal No. E/934/10 - Dated:- 17-6-2015 - M. V. Ravindran, Member (J), J. For the Appellant : Ms. Rinky Jassuja, CA For the Respondent : Shri .....

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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 .....

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interest is incorrect, they filed refund claim with the authorities. Both the lower 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 Cre .....

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t 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 c .....

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s become in-serviceable and fit to be scrapped. The object of Cenvat Credit on capital goods is to avoid the cascading effect of duty. If even after use for a couple of years, the Cenvat Credit is required to be reversed then it would certainly defea .....

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ter 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 b .....

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002 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 machiner .....

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