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TMI Blog2011 (7) TMI 470X X X X Extracts X X X X X X X X Extracts X X X X ..... ENVAT Credit taken at the time of receipt of the capital goods in the factory is not required to be reversed but duty is required to be paid on the transaction value of the used capital goods cleared under Rule 3(5) of the CENVAT Credit Rules, 2004 - This has already been done by the appellants in the present cases - Decided against the revenue. - E/188/2010 - - - Dated:- 1-7-2011 - Mrs. Arch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the matter. I find that the issue is no longer res-integra in view of the Bombay High Court decision dt.23.7.08 in the case of Commissioner Vs. Cummins India Ltd. 2009 (234) ELT A 120 (Bom.), upholding the CESTAT s decision as reported in 2007 (219) ELT 911 (Tri-Mum) cited by the appellants. In this case also, the capital goods had been removed after putting them to use and it was held that the e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rts the case of the appellants. 3. Revenue in their memo of appeal, has not submitted anywhere that the said decision relied upon by Commissioner(Appeals) are not applicable to the facts of the present case. Inasmuch as the Commissioner(Appeals) has followed the law declared by the Tribunal and upheld by Bombay High Court, I find no infirmity in the views of Commissioner(Appeals). 4. Reven ..... X X X X Extracts X X X X X X X X Extracts X X X X
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