9911796707
TMI Blog2017 (5) TMI 757X X X X Extracts X X X X X X X X Extracts X X X X ..... Respondent ORDER Per Devender Singh The appellant is engaged in manufacture of two wheelers falling under chapter 87 of the Central Excise Tariff. They availed Cenvat Credit on partially used capital goods. Department felt that they wrongly calculated the duty/payment on the basis of depreciation at the rate of 2.5 percent for each quarter for the entire period instead of 50% depreciation of cr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nds have been dropped by the adjudicating authority. 2. Ld. Advocate submits at the outset that they are contesting the demands confirmed at serial number (ii) and (v) of the order of the adjudicating authority. For the first demand of Rs. 2,47,824/-, Ld. Advocate invites attention to Rule 3 (5)(A)(b) of Cenvat Credit Rules, 2004 and contends that the percentage of depreciation is fixed in terms ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rein. He also referred to Rule 19 (1) and Rule 19 (3) of the Central Excise Rules, 2002 and notification No. 42/2001-CE (NT) issued thereunder to argue that there was no condition in these rules to earn foreign exchange whereas in the Notification No. 45/2001-CE (NT), the condition of foreign exchange is expressly stated, which showed the legislative intent. He relied on the order of the Principal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asoning for rejecting the method of depreciation given in Rule (3) (5A) of the Cenvat Credit Rules, 2004. It is simply stated by the Commissioner that the contention of Noticee is vague and against the provision of law. No justification and explanation or elaboration or analysis has been given for confirming the demand. In other words, the portion of the order pertaining to first demand is complet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uthority should give findings on all the contentions of the appellants. 8. In view of the foregoing, the order of the adjudicating authority in so far as it pertains to the demands at Serial No. (ii) and (v) of Rs. 2,47,824/- and Rs. 1,37,817/- respectively and interest and penalties thereon is set aside and the matter is remanded back to the adjudicating authority to adjudicate the matter afresh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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