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TMI Blog2016 (12) TMI 586X X X X Extracts X X X X X X X X Extracts X X X X ..... dvat Scheme w.e.f. 1/3/1994, with respect to capital goods. I further find that Rule 3(5) of CCR has provided for a condition precedent which is, that the assessee must have taken Cenvat Credit on the capital goods which are subsequently removed and accordingly under such circumstances the assessee is liable to pay duty on removal of capital goods, subject to allowance of depreciation under the said Rule. It is also an admitted fact that the respondent-assessee in the present case have held the assets for more than 10 years and as such is entitled 100% depreciation of Cenvat Credit, if any, taken at the time of acquisition. Under these observations, I find that the impugned order is correct and requires no interference - appeal dismissed - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... M/s. Govind Nagar Sugar Ltd., Walterganj, Basti (Appellant No.2) 1/CE/Appl/Alld/2008 MP(DEM-33/07)12 of 2007 dt 29.10.07 The Additional Commissioner C.Ex. Alld Rs.14,59,228/- alongwith interest Rs.14,59,228/- 3. Heard the parties. 4. The admitted facts are that the respondent-assessee is manufacturer of Sugar and Molasses. They sold old plant and machinery as waste and scrap during the year 2006 and 2007, without payment of duty. The said scrap was alleged to have been generated out of capital goods pursuant to dismantling of old and unusable plant and machinery which have been acquired during the per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contentions. I find that it is a undisputed fact that the appellants have not taken any Cenvat or Modvat credit on the plant machinery in question. Further there is no scope of any presumption of having taken credit when the assets were acquired prior to launch of Modvat Scheme w.e.f. 1/3/1994, with respect to capital goods. I further find that Rule 3(5) of CCR has provided for a condition precedent which is, that the assessee must have taken Cenvat Credit on the capital goods which are subsequently removed and accordingly under such circumstances the assessee is liable to pay duty on removal of capital goods, subject to allowance of depreciation under the said Rule. It is also an admitted fact that the respondent-assessee in the present c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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