9911796707
TMI Blog2016 (4) TMI 1185X X X X Extracts X X X X X X X X Extracts X X X X ..... ound-rules under the statute, the Revenue has to accept the treatment of the machinery by the assessee. Even by Rule of thumb, I find that the sale value is ₹ 41,000/- which is approximately 2% of the acquisition price of the machine. Thus, by Rule of thumb, it is definitely disposed of as waste and scrap - Appeal allowed. - E/51911/2015 - Final Order No. A/70165/2016-SM - Dated:- 28-4-2016 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s it reduced by the number of quarters used, that is, ₹ 1,38,668/-. SCN dated 26-12-2012 was issued pursuant to audit as it appeared to audit/Revenue that the appellant have removed capital goods during the period March, 2010 to June, 2011 and accordingly, on amount the capital assets was required to pay duty on the squaring in champering machine, under the provisions of Rule 3(5) being S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant have disposed of the champering machine as scrap and as such Commissioner has erred in confirming the duty under the provisions of Rule 3(5) of CCR. The appellants have used the machine for 6 years approximately before scrapping it due to wear and tear. Further, the appellant sold the machinery as condemned or scrap items through sale invoice dated 2-3-2010. As the appellants have t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the impugned order. 6. Having considered the rival contentions, I find that the ld. Commissioner have without any sanction of law arbitrarily held the champering machine at the time of the sale was not in scrap/waste condition. In absence of any ground-rules under the statute, the Revenue has to accept the treatment of the machinery by the assessee. Even by Rule of thumb, I find that the sale v ..... X X X X Extracts X X X X X X X X Extracts X X X X
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