9911796707
TMI Blog2009 (7) TMI 439X X X X Extracts X X X X X X X X Extracts X X X X ..... entire credit of Rs. 1,74,169/- was reversed, the same amount is available immediately on receipt of the capital goods in other unit merits consideration. The present case is squarely covered by the decision of the Tribunal in the case of Pooja Forge Ltd. v. C.C.E., Faridabad - The decision of the Larger Bench in the case of Modernova Plastyles Pvt. Ltd. v. C.C.E., Raigad – [2008 - TMI - 31876 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opriate to dispose of the appeal finally and accordingly, I waive pre-deposit of the dues as per the impugned order and proceed to dispose of the appeal finally. 2. The appellants have units in Gurgaon and Manesar. In the Gurgaon factory, they received certain capital goods and took Cenvat credit amounting to Rs. 1,74,169/- and after using the same for a few years, they removed the capital goods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the depreciated value and reversed credit to the tune of Rs. 1,20,107/-. Even if they were required to pay the amount of Rs. 1,74,159/-, the entire amount was available as credit to the manufacturing unit at Manesar. He relies on the decision of the Tribunal in the case of Pooja Forge Ltd. v. C.C.E., Faridabad - 2009 (196) E.L.T. 18 (Tribunal) = 2007 (8) S.T.R. 318 (Tri.-Del.) wherein it has he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of reversal of credit of capital goods removed is permissible only with effect from 13-11-2007 after amendment of Rule 3(5) of the Cenvat Credit Rules. 5. I have carefully considered the submissions from both sides. The amendment dated 13-11-2007 covers cases of removal of capital goods after use not only between the units of the same company but between any two companies. In the present case, I ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
