2010 (12) TMI 352

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..... ocuring the inputs - Later on these inputs were cleared by the respondents ‘as such’ after reversing the CENVAT credit availed by them on these input but they did not reverse the credit taken by them on the input service of goods transport agency for procuring the impugned inputs - Held that: - when the credit-availed inputs or capital goods are removed from the factory of the assessee, sub-rule ( .....

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..... the case are that the respondents availed Cenvat Credit on inputs as well as on goods transportation agency service as input service credit which was availed by them at the time of procuring the inputs. Later on these inputs were cleared by the respondents as such after reversing the CENVAT credit availed by them on these input but they did not reverse the credit taken by them on the input servi .....

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..... decision of this Tribunal in the case of Chitrakoot Steel Power (P.) Ltd. v. CCE [Final Order No. 1420/2007, dated 29-11-2007] wherein this Tribunal has held as under : On a careful study of the statutory provisions, it is seen that when the credit-availed inputs or capital goods are removed from the factory of the assessee, sub-rule (5) of Rule 3 of the Cenvat Credit Rules, 2004 provides .....

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