TMI Blog2016 (8) TMI 37X X X X Extracts X X X X X X X X Extracts X X X X ..... y of the appellants is limited to around ₹ 10,000/- whereas they have already reversed over ₹ 97,000/-. In these circumstances, no demand can be sustained against the appellants. The appeal is accordingly allowed. - Decided in favor of assessee. - Appeal No. E/1189/12 - A/88384/16/SMB - Dated:- 1-7-2016 - Shri Raju, Member (Technical) Shri Mehul Jiwani, C.A. for Appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ken on capital goods when they were cleared after use on a later date. The Tribunal in the said decision has observed as follows: - 3. After hearing both the sides, I find that the said rules require reversal of credit in respect of the capital goods which are removed as such . The plain and simple meaning of the expression as such would be that the capital goods are removed without puttin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of differential amount. The impugned orders are accordingly set aside and appeal allowed with consequential relief to the appellants. He further argued that different Hon'ble High Courts have taken different views on the subject and the Larger Bench of the Tribunal in the case of Navodhaya Plastic Ind. Ltd. 2013 (298) ELT 541 (Tri-LB) after examining all the decisions held that the deci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d order. He argued that clearance of used capital goods should be considered as clearance of goods as such as held by Larger Bench of the Tribunal in the case of Modernova Plasyles Pvt. Ltd. 2008 (232) ELT 29 (Tri-LB). He argued that in these circumstances, the appellants are required to reverse the entire credit taken on the capital goods. 4. I have considered the rival submissions. I find ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the decision of Hon'ble High Court of Madras in the case of Rogini Mills Ltd. (supra), the appellants are only required to reverse the credit calculated in terms of CBE C Circular cited above. If that is a case then the liability of the appellants is limited to around ₹ 10,000/- whereas they have already reversed over ₹ 97,000/-. In these circumstances, no demand can be sustaine ..... X X X X Extracts X X X X X X X X Extracts X X X X
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