2011 (4) TMI 1116

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... tal goods on which no central excise duty was attracted – Held that:- appellant submits that mere keeping the capital goods and putting them to same use is not enough to exclude the requirement of reversing cenvat credit under Rule 3(5) of the Cenvat Credit Rules, 2004 (for short “the Rules”) as the said provision applies if the goods are as such, goods were not cleared in the same position but af .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ismissing the appeal filed by the appellants? 3. Whether the duty is payable under Rule 3(5) of Cenvat Credit Rules, 2004 on the cenavated capital goods when the same are sold as capital goods?" 2. The assessee purchased capital goods and availed cenvat credit thereon. The said goods were thereafter sold. The assessee claimed that cenvat credit was not liable to be reversed while clearing u .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 592 wherein it has been held that the goods removed after use cannot be treated as cleared "as such". Similarly, in the case of Madura Coats Ltd. has held that the capital goods removed after putting them to use cannot be held as removed "as such." This decision stands upheld by the Hon'ble High Court of Mumbai. In view of the above, I do not find any merit in the appeal challenging the concurrent .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X