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TMI Blog2012 (10) TMI 908X X X X Extracts X X X X X X X X Extracts X X X X ..... ent. [Order]. - The appellants are manufacturers of excisable goods who have been availing credit on excise duty paid on inputs and capital goods used in the manufacture of excisable goods. During November, 2006, they cleared certain capital goods on which Cenvat credit was taken when the capital goods were received in the factory and were used for period ranging from two and a half years to se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Commissioner (Appeals). The Commissioner (Appeals) confirmed the duty demand, however, he set aside the penalty of Rs. 10,000/-. Aggrieved by the order of the Commissioner (Appeals), the appellants have filed appeal before the Tribunal. 3. The Counsel for the appellants submits that when capital goods are removed after being put to use, it cannot be considered that the goods are removed 'as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1-TIOL-1277-CESTAT-BANG (2) C.C.E., Ludhiana v. Khalsa Cotspin (P) Ltd. - 2011 (270) E.L.T. 349 (P & H) (3) C.C.E., Chandigarh v. Raghav Alloys Ltd. - 2011 (264) E.L.T. 367 (Madras) (4) Cummins India Ltd v. C.C.E., Pune-III - 2007 (219) E.L.T. 911 (Tri. - Mum.) (5) Panyam Cement & Minera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (5) of Cenvat Credit Rules, 2004 which is the provision relied upon by Revenue will not be applicable to the situation at hand. Further I note that the appellant did in fact reverse credit based on transaction value. Therefore, I do not find any merit in the arguments of Revenue. The appeal is allowed with consequential relief to the appellants. (Order dictated and pronounced in the open Court) X X X X Extracts X X X X X X X X Extracts X X X X
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