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TMI Blog2011 (4) TMI 1116X X X X Extracts X X X X X X X X Extracts X X X X ..... der per : Adarsh Kumar Goel, J. (Oral)]. - This appeal has been preferred by the revenue under Section 35G of the Central Excise Act, 1944 against the order dated 24-6-2010 passed by the Customs, Excise & Service Tax Appellate Tribunal, New Delhi (for short "the Tribunal") raising following substantial questions of law :- "1. Whether the judgment and order passed by the Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ound that when the goods were cleared without payment of excise duty, the cenvat credit already taken was required to be reversed. However, considering the reply of the assessee, the Adjudicating Authority dropped the demand which view has been upheld by the Commissioner (Appeals) as well as by the Tribunal. The Tribunal observed :- "I have carefully considered the submissions from both sides. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d learned counsel for the appellant. 4. Learned counsel for the 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. Only if the goods are sold as scrap as unserviceab ..... X X X X Extracts X X X X X X X X Extracts X X X X
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