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TMI Blog2013 (9) TMI 212X X X X Extracts X X X X X X X X Extracts X X X X ..... against Order-in-Appeal No.BC/243/ SURAT-II/2011, dt.12.09.2011. 2. The facts of the case, in brief, are that during the course of internal audit, it was noticed that the appellant has availed the credit on item i.e. Forklifts as capital goods for Rs.1,79,090/- in March 2000/January 2001 and utilized the same. The said capital goods have been cleared as such in March 2007 without paying Central E ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peal filed by the assessee. 4. Ld.Counsel would submit that they had purchased 2 forklifts in March, 2000 and January, 2011 and utilized the same in factory premises and cleared the same in March 2007. 5. It is his submission of the Revenue that they have not paid the Central Excise duty, but, they have subsequently paid the Central Excise duty on the transaction value as a scrap. It is his subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ew that the appellant should reverse the CENVAT Credit availed on these forklifts when they were received in the factory premises. 8. I find strong force in the contention raised by ld.Counsel in as much as the Hon'ble High Court of Punjab & Haryana in the case of Raghav Alloys Ltd (supra) have held in favour of the assessee. With respect, I may reproduce the ratio of their Lordships order. 8. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of Cenvat Credit availed. The machines which are cleared after utilization cannot be treated as machines cleared as such. With effect from 13-11-2007, a proviso has been added to Rule 3(5) of the Cenvat Credit Rules providing that if the capital goods on which Cenvat credit has been taken are removed after being used, the manufacturer shall pay the amount equal to Cenvat Credit taken on the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed v. CCE, Pune-III, 2007 (219) E.L.T. 911 (Tri. - Mumbai). The Tribunal in the case of Nahar Fibres has also dismissed Appeal of the Revenue and there is nothing to show that the said decision of the Tribunal has been set aside by any Court. 9. I find that the above reproduced ratio will cover the issue in favour of the appellant. 10. In view of the foregoing reasons, I find that that the impug ..... X X X X Extracts X X X X X X X X Extracts X X X X
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