TMI Blog2016 (12) TMI 974X X X X Extracts X X X X X X X X Extracts X X X X ..... ble Madras High Court in the case of Commissioner of Central Excise, Coimbatore Vs. Lakshmi Machine Works Ltd. [2015 (3) TMI 694 - MADRAS HIGH COURT] held, where the capital assets is removed after a period of use it does not amount to removal as such. Accordingly, we hold that the removal of capital assets by the appellant in the present appeal is not removal as such and accordingly, we hold that no duty was required to be paid by way of reversal, as demanded by the revenue, being the amount in dispute - decided in favor of appellant-assessee. - E/31 & 32/2010(DB) - Final ORDER NO. 70983-70984/2016 - Dated:- 4-7-2016 - Mr. Anil Choudhary, Member (Judicial) and Mr. Anil G. Shakkarwar, Member (Technical) Shri K.K. Anand, Advocate for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d period of limitation under Section 11A of the Central Excise Act read with Rule 14 of CCR, 2004 was invoked. Further, interest and penalty was also proposed. The SCN was adjudicated vide common Order-in-Original dated 25/02/09 upholding the proposed demand of ₹ 26,48,065/- along with another demand of ₹ 5,71,200/- proposed vide SCN dated 12/02/2009 under similar facts and circumstances. Equal amount of penalty was also imposed totaling ₹ 32,19,265/- under Rule 15 of CCR read with Section 11 AC of the Act. 3. Being aggrieved the appellant preferred appeal before learned Commissioner (Appeals) who vide the common impugned order confirmed the demand of duty. However, he was pleased to set aside the penalty observing tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to refund of the same. 5. The learned A.R. for revenue relies on the impugned order. 6. Having considered the rival contentions, we find that the ruling of this Tribunal in the case of Modernova Plastyles Pvt. Ltd. is dated 10/10/08 whereas the Rulings of the Hon ble High Courts referred to above by the appellant have been pronounced subsequently. We further take notice of the Law as applicable during the period and the provision for payment of duty on transaction value on removable of capital assets had been brought on statute with effect from 16/05/05 wherein Sub Rule (5A) provided that if the capital goods are cleared as waste and scrap, manufacturer shall pay an amount equal to the duty leviable on transaction value. The prov ..... X X X X Extracts X X X X X X X X Extracts X X X X
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