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TMI Blog2014 (3) TMI 236X X X X Extracts X X X X X X X X Extracts X X X X ..... y the Commissioner (Appeals) which was not considered by him and the appeal was dismissed automatically. In view of that, it is appropriate to set aside the impugned order and remand the matter back to the Commissioner (Appeals) to decide the stay application after considering the case law submitted by the appellant - Decided in favour of assessee. - Appeal No.E/S/40338/13 & E/40405/13 - FINAL OR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... veral times, they cleared the same as scrap on payment of duty on transaction value. There is a demand of duty of Rs.28,27,723/- along with interest and penalty for the period December 2008 to September 2009 holding that appellant is liable to reverse the cenvat credit originally taken on the capital goods. The Commissioner (Appeals) directed to predeposit of Rs.14 lakhs under section 35F of the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mitted that various High Courts and Tribunal have held that the assessee is not required to reverse the credit originally availed by them at the time of receipt of capital goods, when the said capital goods are subsequently removed as old, damaged and serviceable capital goods. 4. On the other hand, Ld. AR for Revenue submits that decisions of Larger Bench of Tribunal in the case of Modernova P ..... X X X X Extracts X X X X X X X X Extracts X X X X
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