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TMI Blog2011 (5) TMI 938X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER NO.350/2011 Per: P G Chacko: In this appeal filed by the assessee, the short question to be considered is whether the appellant was required to reverse the MODVAT credit availed on a diesel generating set (capital goods) when it was disposed of by way of sale on 12.11.2004. MODVAT credit of the duty paid on the capital goods by the supplier had been taken by the appellant on 11.8.1995. Aft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , Pune - III against the Tribunal's decision in the case of Cummins India Ltd. was dismissed by the Hon'ble Bombay High Court by judgment dated 23.7.2008. 3. Learned SDR submits that the issue stands referred to Larger Bench from the case of CCE, Hyderabad Vs. Navodhaya Plastic Industries Ltd. - 2010 (259) ELT 68 (Tri.-Bang.). 4. In his rejoinder, the learned Consultant submits that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... supra) and assessee's appeal was disposed of by holding that, in respect of used capital goods disposed of by them, it was only proper for them to have paid duty on transaction value. It appears from the referral order passed by this Tribunal in the case of Navodhaya Plastic Industries Ltd. (supra) that the issue referred is not identical. Even otherwise, the Hon'ble High Court's decis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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