TMI Blog2007 (12) TMI 151X X X X Extracts X X X X X X X X Extracts X X X X ..... ns that if capital goods have not been used for its full life, can be treated as the same has not been used - CG in question have been used in mfg. of final products & they are still lying in the factory, hence credit can’t be denied - E/1350/2006-SM (BR) - 179/2008-SM(BR)/(PB), - Dated:- 27-12-2007 - Shri P. K. Das, Member (Judicial) [Order]-1. The relevant facts of the case, in brief, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order. 2. Ld. Advocate on behalf of the appellant submits that it is revealed from the show cause notice that the capital goods had been scrapped as the automobile models in which they were to be used became obsolete. He further submits that the capital goods are still in their factory premises and therefore, the demand is not sustainable. He relied upon the decision of the Tribunal in the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laws relied upon by the ld. Advocate are not applicable herein. He further submits that the appellant did not disclose the facts of written off value in their books of accounts and extended period of limitation is correctly applicable. 4. After hearing both the sides and on perusal of the records, I find that the main contention of the ld. Advocate is that the capital goods in question hav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tribunal in the case of Federal Mogul Automotive Products (I) Pvt. Ltd. (supra) held that, value though written off, reversal of credit is not attracted. In the case of Bharat Electricals Ltd. Vs. CCE, Bangalore - 2002 (50) RLT 208 (CESAT-Bangalore), the Tribunal held that inputs are still lying in the factory though they have written off in books of accounts, credit cannot be denied o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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