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TMI Blog2012 (6) TMI 397X X X X Extracts X X X X X X X X Extracts X X X X ..... alue is available, cenvat credit reversal has to be on the basis of transactional value even prior to the amendment - it cannot be said that there was suppression of fact or mis-declaration with intention to evade duty, thus confirmation of the demand cannot be sustained - in favour of assessee. - E/1736 & 1738/10 - - - Dated:- 7-5-2012 - Mr. B.S.V. Murthy, J. For Appellant : Shri S.J. Vyas, Adv For Respondent : Shri R. Nagar, A.R. Per : Mr. B.S.V. Murthy; In both appeals even though there are two different orders in appeal, the issue involved is same and the conclusions reached by the lower authority is also on the same basis. Therefore, both the appeals are taken together for consideration and a common order is b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o sale but transfer of the capital goods to their own unit for use. Even though in his submission this decision cannot be applied, yet the appellants would succeed in the appeal on the ground of limitation in view of the observations of the Commissioner that there was no provision in the relevant rules for payment of cenvat credit after applying the depreciation rates during the relevant time. Further he also draws my attention to the observations of the Commissioner in the order wherein he has observed that during the relevant period there was no clear provision for payment of duty on clearance of used capital goods and there were several contradictory decisions of the Tribunal holding that no credit is to be reversed on clearance of used ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y was paid by one unit was available as credit to another unit. Therefore the situation was totally revenue-neutral. Further, as observed and accepted by the Commissioner, there were no decisions during the relevant time giving the logic for payment of cenvat credit on the basis of depreciated value since the decision of the Tribunal in the case of Geeta Industries Pvt. Ltd. was rendered only in the year 2010. Further, the observations of the Commissioner accepting the fact that there were contrary decisions during the relevant time also supports the case of the appellants. After considering the submissions from both the sides, I find that as submitted by the ld. counsel this was a case where if the unit were to reverse the cenvat credit in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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