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TMI Blog2014 (3) TMI 406X X X X Extracts X X X X X X X X Extracts X X X X ..... AT credit on all capital goods removed from the premises of the assessee, if it is not returned within 180 days from the date of removal - Held that:- since the provision in Rule 3(5) of the CENVAT Credit Rules, has been deleted the demand made for the reason that the goods have not been returned, is not sustainable at this stage. Therefore prima facie, we find it proper to grant waiver of pre-dep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n any of the equipment in view of Rule 3(5) of CENVAT Credit Rules which required that the applicant should have reversed CENVAT credit on all capital goods removed from the premises of the assessee, if it is not returned within 180 days from the date of removal. Based on such reasoning, a Show Cause Notice was issued to the applicant and adjudicated. On adjudication an amount of Rs.1,93,36,507/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... premises of the service provider, the credit was to be reversed, if the goods were not received come back within 180 days. However, he submits that the main thrust of the condition was that the equipment should be used for providing service. He points out that the condition that the goods should have come back to the premises of the service provider has been deleted with effect from 01.04.2008. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich was not done in the instant case. Therefore, the demand is rightly made and is sustainable, hence, pre-deposit may be ordered. 4. Learned AR relies on the decision in the case of MIC Electronics Ltd. Vs Commissioner of Central Excise, Hyderabad reported in 2012 (283) E.L.T. 89 (Tri.-Bang.). 5. In reply to the Show Cause Notice, the applicant had taken a stand that they have utilized capi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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