TMI Blog2018 (11) TMI 666X X X X Extracts X X X X X X X X Extracts X X X X ..... ds after allowing depreciation on the value @ 2.5% per quarter of its use - matter is remanded to arrive at the quantum of credit required to be reversed by the appellant - appeal allowed by way of remand. - Appeal No. E/2115/2010 & E/04 to 09/2011 - A/87444-87450/2018 - Dated:- 19-7-2018 - DR. D.M. MISRA, MEMBER (JUDICIAL) And MR. S. SRIVASTAVA, MEMBER (TECHNICAL) Shri Mehul Jivani, C.A. for appellant M/s Solid Containers Ltd. None for other Appellants Shri M.R. Melvin, Supdt. (AR) for Respondent ORDER Per: Dr. D.M. Misra These appeals are filed by the appellants against Order-in- Appeal No. SB/153 to 159/Th-I/10 dated 20.9.2010 passed by the Commissioner of Central Excise (Appeals), Mumbai-I. 2. Briefly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant M/s Solid Containers Ltd. have procured various types of capital goods between 1994 and 1997 and availed MODVAT credit on the same. These capital goods have been used by them in the manufacture of excisable goods for a considerable period of more than 10 years and cleared between April and May, 2007 against proper excise invoices to various parties with remarks that no duty is payable on used capital goods as per judgment of the Tribunal in the case of Madura Coats Pvt. Ltd. 2005 (190) ELT 450 (Tri). This fact was also informed to the Department vide letter dated 10.5.2007. It is his contention that the used capital goods cannot be said to be removal of the said goods as such for the purpose of Rule 3(5) of CENVAT Credit Rule ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt issue involved in the present appeal is whether the appellants are required to reverse credit/discharge duty on the capital goods installed and used in their factory premises between 1994 and 1997 on its sale/clearance from the factory in 2007. The Revenue sought to demand the entire amount of credit availed on the said capital goods on the ground that these capital goods were cleared as such. The appellant, on the other hand, vehemently opposed to the said demand submitting that after continuous period for using more than a decade, the capital goods do not remain as such but became used capital goods. We find that conflicting views on the said issue emerges during the relevant time, which resulted into making a difference of larger Benc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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