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TMI Blog2017 (12) TMI 1085X X X X Extracts X X X X X X X X Extracts X X X X ..... The fact of the case is that the appellants have availed the cenvat credit on capital goods namely cranes and removed the same under Rule 4(5) (a) to their Silvasa Unit. However, the said capital goods were not returned back within 180 days. On the investigation carried out by the officers on 6.7.2002, it was revealed that the appellant neither received back the capital goods within 180 days nor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not existing, therefore no demand can be made. He placed reliance on the following judgments. (i) Moser Baer India Ltd. Vs. Commr. Of C. Ex. & Customs, Noida - 2010 (250) E.L.T. 79 (Tri.-Del.) (ii) Sundram FasteneRs.Ltd. Vs. Commr. Of Cus. & C. Ex, Hyderabad - 2009 (237) ELT 55 (Tri.-Bang.) (iii) Zenith Machine Tools Pvt. Ltd. Vs. Commissioner of C. Ex., Belgaum - 2010 (255) E.L.T. 83 (Tri.-B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. On careful consideration of the submissions made by both the sides. I find that the appellants have admittedly removed the capital goods i.e. cranes to their sister concern under challan under Rule 4(5)(a) of the Rule prevailing at the relevant time reads as under: "Rule 4(5) (a)The CENVAT credit shall be allowed even if any inputs or capital goods as such or after being partially processed ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t service can take the CENVAT credit again when the inputs or capital goods are received back in his factory or in the premises of the provider of output service." From the plain reading of the above Rule, it is clear that once the capital goods is cleared under Rule 4(5)(a), the same was supposed to be returned back within 180 days. If the assessee is not in a position to bring it back within 18 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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