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TMI Blog2015 (10) TMI 1220X X X X Extracts X X X X X X X X Extracts X X X X ..... is directed against Order-in-Appeal NO. AGS(32)11/2010 dated 15.02.2010. 2. Heard both sides and perused the records. 3. On perusal of records, I find that the issue is regarding refund on an amount which was not payable. Appellant has purchased forklift and availed Cenvat Credit amounting to Rs. 1,09,491/-; the same was sold on discharge of central excise duty of Rs. 39,000/- after six years. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the case of Raghav Alloys Ltd. -2011(268) ELT 161, in paragraph 8 while dealing on the same point held under: We have heard arguments of both the Ld. Counsel. The Tribunal has rightly noted that unlike inputs, which get consumed 100% with the same are taken up for use in relation to manufacture of finished goods, capital goods are used over a period of time. The capital goods loose their identi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aken are removed after being used, the manufacturer shall pay the amount equal to Cenvat Credit taken on the said capital goods reduced by 2.5% for each quarter of year or part thereof from the date of taking the Cenvat Credit. The Board has also in the Circular dated 1-7-2002 clarified that in the case of clearance of goods after being put into use, the value shall be determined after allowing th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bove reproduced paragraph of Hon'ble High Court's judgment, the issue is no more res-integra and is covered in favour of appellant.
5. In view of the foregoing and authoritative judicial pronouncement on the same issue, the impugned order is liable to be set aside and I do so. Impugned order is set aside and the appeal is allowed with consequential relief.
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