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2015 (3) TMI 1098 - CESTAT CHENNAI

2015 (3) TMI 1098 - CESTAT CHENNAI - TMI - Demand of reversal of Cenvat Credit - Credit on the used capital goods cleared without payment of duty - SEZ Unit - Held that:- period involved in this case is October, 2005. The appellants cleared inputs and capital goods etc. by following the procedure laid down under Notification 58/2003. On identical issue the Tribunal in the case of M/s. Wabco TVS (India) Ltd. (2013 (2) TMI 165 - CESTAT CHENNAI) rejected the Revenue appeal and held that the clearan .....

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td. (2005 (10) TMI 129 - CESTAT, MUMBAI). By following these Tribunal's decisions, I hold that the appellants are not liable to reverse Cenvat credit availed on the capital goods cleared to their own unit at SEZ. - Decided against assessee. - Appeal No. E/187/2007 and E/207/2007 - FINAL ORDER NO. 41079-41080/2015 - Dated:- 26-3-2015 - R. Periasami, Member (T) For the Appellant : Shri G Natarajan, Adv For the Respondent : Shri L Paneerselvam, AC (AR) ORDER Per R Periasami Both the assessee and th .....

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ls) upheld the demand and set aside the penalty imposed under Rule 15(1) of CCR,2004. Hence, the present appeal. The assessee preferred appeal by contesting the demand whereas the Revenue filed appeal against the impugned order against Commissioner (Appeals) setting aside the penalty. 2. The Ld. Advocate appearing for the appellant submits that the period involved in this appeal is October'2005. The appellant's have supplied the inputs and capital goods to their own unit located at SEZ w .....

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availed can be removed to SEZ without reversal of credit. However, he submits that there was no provision under the rules for recovery of cenvat credit availed on inputs and capital goods cleared as such during the period. It was only introduced in the year 2013 w. e. f. 01. 03. 2013, where explanation was inserted only prospective. Further, he submits that the entire credit was disallowed without allowing depreciation as per the Board's Circular. On the Revenue appeal, he submits that the .....

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