9911796707
TMI Blog2013 (11) TMI 1154X X X X Extracts X X X X X X X X Extracts X X X X ..... h - it was removed as used capital goods – Held that:- Following CCE Vs. Rogini Mills Ltd. [2010 (10) TMI 424 - MADRAS HIGH COURT ] - They have rightly paid the duty on the transaction value - Rule 3(5) of the CENVAT Credit Rules, as amended by Notification No. 39/2007 provides that on removal of used capital goods, the manufacturer shall pay an amount equal to the CENVAT credit taken on the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of duty of Rs.11,93,933/- along with interest and penalty on the ground that they have cleared the capital goods as such and therefore they are liable to reverse the credit availed. The adjudicating authority confirmed the demand of duty along with interest and penalty. Commissioner (Appeals) upheld the adjudication order. 2. Heard both sides and perused the records. 3. The learned counsel subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f a year or part thereof from the date of taking the CENVAT credit. It is submitted that according to the reduction of 2.5%, the calculation for each quarter, they are liable to reverse credit of Rs.5,07,991/- but they have paid duty of Rs.9,02,036/- on the basis of the transaction value. She also relied upon the following decisions of the Hon'ble High Courts:- (i) CCE Vs. Cummins India Ltd. 2009 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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