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TMI Blog2011 (5) TMI 600X X X X Extracts X X X X X X X X Extracts X X X X ..... ficient and the reversal of Cenvat Credit originally taken is not required - in favour of assessee. - 2971 of 2009 (SM) - - - Dated:- 4-5-2011 - Shri Rakesh Kumar, J. Shri K.P.Singh, SDR for the respondent. Ms. Neha Gulati, Advocate for the appellant. Per. Rakesh Kumar :- The appellant are manufacturer of PVC pipes chargeable to Central Excise duty and they availed Cenvat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n-Original dated 05.12.08 confirmed demand of an amount of Rs.1,28,804/- along with interest under Rule 3(5) of Cenvat Credit Rules, 2004 and imposed penalty of equal amount on them under Rule 15 of Cenvat Credit Rules. Commissioner(Appeals) vide Order-In-Appeal dated 20.08.09 dismissed the appeal. Against this order of the Commissioner (Appeal), the present appeal has been filed. 2. Ms. Neha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... old as scrap, but had been sold as capital goods, that at time of sale, the goods were identifiable as capital goods and hence this has to be treated as clearance of Cenvet credit availed capital goods as such that during the period of dispute in terms of provisions of Rule 3(5) of Cenvat Credit Rules in case of removal of Cenveted capital goods as such the Cenvat Credit originally taken was requi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the case of Cummins India Ltd. vs. CCE, Pune-III reported in 2009(234)/ELT/A120 observing that if in case of removal of old and used capital goods, the reversal of Cenvat Credit originally taken is unsustainable, it would defeat the very purpose of Cenvat Credit facility in respect of capital goods. This judgement of the Tribunal has been upheld by Hon ble Bombay High Court vide judgement repo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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