9911796707
TMI Blog2015 (9) TMI 1021X X X X Extracts X X X X X X X X Extracts X X X X ..... First Appellate Authority has rejected the claim of the Appellant on the grounds that the capital goods were cleared as waste and scrap on which appropriate amount equal to the duty leviable on transaction value of such waste and scrap was correctly paid as per Rule 3(5A) of the CENVAT Credit Rules, 2004. No evidence has been brought on record by the Revenue to suggest that the capital goods, on w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... goods - Decided in favour of assessee. - Appeal No.E/10788/2013-SM - Order No. A/11019 / 2015 - Dated:- 16-7-2015 - MR. H.K. THAKUR, J. For The Appellant: Shri Anand Nainawati, Advocate For The Respondent: Shri G. Jha, Authorised Representative Per: H.K. Thakur This appeal has been filed by the Appellant against OIA No.287-2012-AHD-II-CE-AK-COMMR-A-AHD, dt.31.12.2012 issued o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nch go through the sale invoices of the old machinery to highlight that the machinery was sold as complete machine and not as waste and scrap. Learned Advocate also made the Bench go through the second proviso to Rule 3(5) of CENVAT Credit Rules, 2004 to argue that with respect to these machinery, the CENVAT Credit taken on capital goods is required to be reduced @ 2.5% for each quarter of the yea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the time of clearance. First Appellate Authority has rejected the claim of the Appellant on the grounds that the capital goods were cleared as waste and scrap on which appropriate amount equal to the duty leviable on transaction value of such waste and scrap was correctly paid as per Rule 3(5A) of the CENVAT Credit Rules, 2004. No evidence has been brought on record by the Revenue to suggest that ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
