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TMI Blog2017 (1) TMI 161X X X X Extracts X X X X X X X X Extracts X X X X ..... al goods is removed as such - In the present case, it is undisputed that the worn out parts of the capital goods were cleared, therefore in case of used parts/capital goods Rule 3(4) is not applicable - appeal allowed - decided in favor of assessee - E/372/06 - A/94274/16/SMB - Dated:- 4-11-2016 - Shri Ramesh Nair, Member (Judicial) Ms. Anajali Hirawat, Advocate for Appellant Shri V.K ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the Cenvat Credit is availed at the relevant time in terms of Rule 3(4) only those capital goods are liable to duty if it is removed as such. In the present case, admittedly the capital goods were used and only after worn out parts were cleared without payment of duty therefore the duty cannot be demanded in terms of Rule 3(4). In this support she placed reliance on the following judgments: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... king Rule 3(4) of Cenvat Credit Rules, 2002 which reads as follows: RULE 3(4) CENVAT Credit- When inputs or capital goods, on which CENVAT credit has been taken, are removed as such from the factory, the manufacturer of the final products shall pay an amount equal to the credit availed in respect of such inputs or capital goods and such removal shall be made under the cover of an invoice ..... X X X X Extracts X X X X X X X X Extracts X X X X
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