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2016 (9) TMI 889 - CESTAT NEW DELHI

2016 (9) TMI 889 - CESTAT NEW DELHI - TMI - Cenvat credit - Whether, after putting the capital goods into use for a period of around 10 years, the assessee is required to reverse the cenvat credit originally taken at the time of receipt of goods or the fact of payment of duty on the transaction value would satisfy the provisions of law - Held that:- Rule 3(5) of Cenvat Credit Rules, 2004, provides for reversal of cenvat credit when the capital goods are removed as such. The expression as such ap .....

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M) - Order No. FO/53535 /2016-(SM) - Dated:- 8-9-2016 - Hon'ble Ms. Archana Wadhwa, Member (Judicial) Shri Rupender Singh, Advocate for the Appellants Shri S Nunthuk, AR for the Respondent ORDER Per Ms. Archana Wadhwa : After hearing both sides, duly represented by Shri Rupender Singh, learned Advocate appearing for the appellant and Shri S Nunthuk, learned AR appearing for the Revenue, I find that the appellants who are engaged in the manufacture of textile articles, purchased certain capit .....

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ngly, the proceedings were initiated against them by way of issuance of show cause notice dated 17.12. 2008 proposing the confirmation of differential duty of ₹ 13,38,760/-. The notice culminated into order passed by the original authority and upheld by the Commissioner (Appeals). Hence, the present appeal. 3. The short issue required to be decided in the present appeal is as to whether, after putting the capital goods into use for a period of around 10 years, the assessee is required to r .....

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would apply when the capital goods are cleared without putting them to use. The Tribunal s decision in the case of Cummin India Ltd. vs. Commissioner [2007 (219) ELT 911 (Tri-Del)] stand upheld by the Tribunal decision of Hon ble Bombay High Court as reported in [ 2009 234 ELT A 120 (Bom)]. To the same effect is the Hon ble Madras High Court decision in the case of CCE, Coimbatore vs. Lakshmi Machines Works Ltd. [2015 (321) ELT 577 (Mad)] as also the Madras High Court decision in the case of M/s .....

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appearing for the appellant and learned DR, Shri I. Ahmed appearing for the Revenue, I find that as per the Tribunal s decision rendered in the context of Rule 3(4) of Cenvat Credit Rules, 2002 and Rule 3(5) of Cenvat Credit Rules, 2004, it stands held that at the time of clearance of the used capital goods, assessee is required to pay an amount of equal to duty leviable on its transaction value, instead of reversing the entire modvat credit availed originally at the time of receipt of the good .....

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