2012 (11) TMI 257

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..... – Held that:- In the case of Raghav Alloys (P) Ltd. (2009 (4) TMI 184 - CESTAT, NEW DELHI ) it was held that words "as such" in the Rule 3(4) of Cenvat Credit Rules, 2002 means that capital goods removed without putting them to use and that when the capital goods are removed after use for a period of 7 to 8 years, they cannot be said to have been removed as such – waiver of pre-deposit allowed - .....

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..... by the Hon ble Bombay High Court [in 2009 (234) E.L.T. A120 (Bom. H.C.)] when the appeal filed by the Revenue was rejected. Reference is also made to latest decision of the Tribunal in C.C.E., Chandigarh v. Raghav Alloys (P) Ltd. as reported in 2009 (242) E.L.T. 124 (Tri.- Del.)]. The said decision of the Tribunal stands confirmed by the Hon ble High Court of Punjab and Haryana when the appeal fil .....

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