2011 (4) TMI 414 - AT - Central Excise

CENVAT Credit - Clearance of Capital goods after put to use - Held that - No, assessee is not required to reverse cenvat credit on capital goods cleared after having been put to use.

Summary

Issues:
Appeal against impugned orders passed by Commissioner(Appeals) regarding reversal of CENVAT Credit on capital goods cleared after use.

Analysis:
The appellate tribunal addressed the issue of whether the respondents were required to reverse the CENVAT Credit availed on capital goods cleared after use. The Revenue relied on Board circulars and a Tribunal decision, while the respondents cited decisions of the Mumbai High Court and the tribunal in another case. The tribunal noted that the Board circular had been considered in a previous case where the Commissioner(Appeals) had relied on tribunal decisions and rejected the Revenue's appeals. The tribunal also found that the Tribunal decision cited by the Revenue was a Single Member Bench decision and not applicable due to the subsequent High Court decision and absence of representation for the respondents in that case.

The tribunal concluded that the issue was squarely covered in favor of the respondents based on the decision of the Mumbai High Court and the tribunal's decision in another case. Therefore, the appeals filed by the Revenue were deemed to lack merit and were rejected.