TMI Blog2015 (10) TMI 1984X X X X Extracts X X X X X X X X Extracts X X X X ..... the facts and circumstances, the appellant is held to be entitled to 100% rebate on this count also - Decided in favour of assessee. - APPEAL No.E/1142/10 - Final Order No. A/3027/2015-WZB/SMB - Dated:- 1-9-2015 - Mr.Anil Choudhary, Member (Judicial) Shri.Rajesh Ostwal, Advocate : For The Petitioner Shri.V.K.Shastri, Asst. Comm. (AR) : For The Respondent ORDER Per: Anil Choudhary 1. The appellant, M/s.United White Metal Ltd., is a manufacturer of parts of lifts/escalators. The appellant purchased the manufacturing facility including the plant and machinery from M/s.OTIS Elevator Co. (I) Ltd. in the year 2003. After using the plant and machinery acquired for manufacturing, the appellant vide their letter dated 31/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the appellant is required to pay appropriate Central Excise duty on their transaction value as envisaged in the CBEC Circular No.643/34/2002 dated 01/07/2002. Accordingly, the appellant was required to show-cause as to why excise duty amounting to ₹ 5,37,248/-, including cess payable, on the transaction value of the capital goods, at the time of clearance from the factory premises should not be demanded and recovered and further penalties were proposed under Rule 25 of the Central Excise Rules, 2002. The appellant contested the show-cause notice and the same was adjudicated by order-in-original dated 09/03/2009 confirming the show-cause notice along with interest and penalty of ₹ 50,000/- imposed under Rule 25 of the CER 2002. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g Cenvat Credit Rules 2004, the provision remains as such. Subsequently, the provision was amended, proviso was inserted with effect from 30/11/2007 providing that - if the capital goods on which separate credit has been taken is removed after being used, the manufacturer or the provider of out put service shall pay an amount equivalent to the Cenvat credit taken on the said capital goods, reduced by 2.5% for each quarter of a year or part thereof from the date of taking the Cenvat credit. It is contended by the learned Counsel for the appellant that admittedly the machines were acquired sometime in the year 1995-96 which is an admitted fact in the show-cause notice. Further 2.5% per quarter works out to 10% per year and as 10 years or more ..... X X X X Extracts X X X X X X X X Extracts X X X X
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