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TMI Blog2017 (3) TMI 1501X X X X Extracts X X X X X X X X Extracts X X X X ..... er provisions of Rule 3(5) of the CCR, 2004, the asseessee required to reverse cenvat credit availed on the capital goods if they are cleared as such - Admittedly, in this case, the respondent has not cleared capital goods as such. Moreover, the capital goods have been acquired prior to 1994. This fact has not been disputed by the Revenue with any cogent evidence - provisions of Rule 3(5) of CCR, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as also found that the respondent is cleared certain scrap of iron and steel during the said period on which they have not paid duty under Rule 3(5A) of the Cenvat Credit Rules, 2004, therefore, the show cause notice was issued to demand duty for the respondent. The matter was adjudicated and the demand of duty was confirmed in terms of Rule 3(5A) of the Cenvat Credit Rules, 2004. The said order w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The Ld. AR submits that as per Rule 3(5A) of the Cenvat Credit Rules, 2004, dismantled material, the respondent has taken the cenvat credit on input, they are required to pay duty at the time of clearance. Therefore, the impugned order is to be set aside. 4. On the other hand, the Ld. Counsel for the respondent produced one report dated 28.05.2008 prepared by the Superintendent and submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at Credit Rules, 2004 on sale of scrap of iron and steel. 7. In this case the cenvat credit on capital goods sought to be reversed under Rule 3(5) of the Cenvat Credit Rules, 2004. Admittedly, as per provisions of Rule 3(5) of the Cenvat credit Rules, 2004, the asseessee required to reverse cenvat credit availed on the capital goods if they are cleared as such. Admittedly, in this case, the re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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