TMI Blog2016 (11) TMI 1168X X X X Extracts X X X X X X X X Extracts X X X X ..... value of the capital goods as on the date of clearance from the factory be required to be paid? - Held that: - the CBEC Circulars issued from time to time, clarified that the depreciated value be considered for recovery of the CENVAT credit on the clearance of the capital goods, after being put to use - the matter needs to be remanded to the adjudicating authority to re-determine the quantum of c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ri Nitin N. Mehta, Consultant ORDER This is an appeal filed by the Revenue against OIA No. AKP/226/DMN/NDMN/2009-2010 dated 23.12.2009 passed by Commissioner (Appeals) of Central Excise, Customs Service Tax, Daman. 2. Briefly stated the facts of the case are that the Respondent had availed CENVAT credit of ₹ 11,87,072/-on the capital goods, namely, Blow Moulding Machine fal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nue is an appeal. 3. Ld. AR for Revenue reiterating the grounds of appeal submits that the Respondent are required to reverse the credit, availed at the time of receipt of the capital goods, on its clearance from factory in view of Rule 3(5) of CCR 2004 and not on the transaction value of the said capital goods. However, he fairly accepts that the capital goods have been put to use and n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... He submits that even otherwise the demand issued in the year 2008 for recovery of CENVAT credit on clearance of the capital goods in 2006, is barred by limitation. 5. Heard both sides and perused the records. The short point needs to be addressed is: whether on clearance of the capital goods after being put to use for more than six years, the CENVAT credit availed at the time of its recei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion though considered by adjudicating authority but not addressed by the Ld. Commissioner (Appeals) in the impugned order. On a query from the bench about the claim of the respondent that whether they have disclosed all the facts to the department, the ld. Consultant for Respondent submits they may be allowed a chance to place necessary evidences during the remand proceeding before the adjudicat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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