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M/s L.G. Balakrishnan & Bros Ltd Versus Commissioner of Central Excise, Coimbatore

2015 (10) TMI 1335 - CESTAT CHENNAI

Reversal of CENVAT Credit - Capital goods - Held that:- Since Assessee have already discharged duty at the time of clearance of the said capital goods, the balance amount payable is only ₹ 3,639/- whereas the appellant already paid an amount of ₹ 6,168/- by way of debit in RG23A. The issue has already been settled by LB of the Tribunal in the case of Navodhaya Plastic Industries Ltd., (2013 (12) TMI 82 - CESTAT CHENNAI ). - The appellant has already paid the differential credit of &# .....

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lant : Mr R Srinivasan, Consultant For the Respondent : Mr R Subramaniyan, AC (AR) ORDER Per: R Periasami: The short issue arises in this appeal relates to reversal of capital goods credit availed by the appellants at the time of removal of used capital goods. Appellant availed capital goods credit of ₹ 1,82,730/- whereas at the time of removal of the capital goods they have reversed the credit as per the transaction value of ₹ 1,48,522/-. Ld. adjudicating authority confirmed the dif .....

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d an amount of ₹ 6168/- along with interest. He relied upon the Larger Bench decision in the case of CCE, Hyderabad Vs. Navodhaya Plastic Industries Ltd. - 2013 (298) ELT 541 (Tri.-LB) and Board's Circular No. 643/34/2002-CX dated 01.07.2002. 3. Ld. DR for the Revenue reiterates the findings of the impugned order. 4. Heard both sides and perused the records. 5. The short issue in the present case is reversal of cenvat credit availed on the capital goods. It is seen that the lower autho .....

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epreciation is ₹ 9,51,011/- and the amount payable comes to ₹ 1,52,162/-. Since they have already discharged duty amount of ₹ 1,48,523/- at the time of clearance of the said capital goods, the balance amount payable is only ₹ 3,639/- whereas the appellant already paid an amount of ₹ 6,168/- by way of debit in RG23A. The issue has already been settled by LB of the Tribunal in the case of Navodhaya Plastic Industries Ltd., (supra). The relevant portion of the order is .....

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