9911796707
TMI Blog2016 (12) TMI 586X X X X Extracts X X X X X X X X Extracts X X X X ..... Per Mr. Anil Choudhary: These appeals have been preferred by Revenue against common Order-in-Appeal dated 16/10/2008. 2. Issue involved in these appeals is that, whether under the facts and circumstances where capital goods were acquired prior to the scheme of modvate was implemented and such capital goods after user of about more than 10 years have been disposed of during the Financial Years 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tional 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 purs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pital goods being plant and machinery with penalty under Rule 25 and 27 of the CER, 2002. Accordingly, pleads for dismissal of the appeal. 6. Learned A.R. for Revenue have relied on the rulings of this Tribunal in the case of R.B.M.P. Mills Ltd. Vs. C.C.E., wherein the assessee had cleared steel scrap during the period March, 1986 to July, 1987 without payment of duty and the appellant was a manu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat 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 en ..... X X X X Extracts X X X X X X X X Extracts X X X X
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