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TMI Blog2018 (3) TMI 446X X X X Extracts X X X X X X X X Extracts X X X X ..... No.43/34/2002-CX dated 1.7.2002 as well as Circular No.495/16/1993 dated 26.5.1993 - Held that: - As per the Board’s Circular, during the relevant period, the assessees are liable to pay duty on the basis of the depreciated value of the capital goods removed on the credit availed capital goods - the Commissioner (Appeals) has given a very reasoned order by setting aside the confirmation of demand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xcise department. They sold some of the capital goods during the period September 2006 to March 2007 and the department was of the view that the capital goods have been removed as such and that the assessee is liable to reverse the credit. After due process of law, the original authority confirmed the demand of ₹ 36,62,530/- and imposed equal penalty. Aggrieved, the appellant approached Comm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to them. 3. On behalf of the assessee, ld. counsel Ms. Cynduja submitted that the machineries were purchased in the year 1993 - 94 and 1995. In order to replace the old and obsolete capital goods they were sold in the year 2006 - 07. That the machines have become old and obsolete and therefore it cannot be said that the capital goods have been removed as such. That in any case, during the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s aspect and set aside the demand. She relied upon the decision of the Hon ble High Court of Madras in the case of Commissioner of Central Excise Vs. Rogini Mills Ltd. - 2011 (264) ELT 367 (Mad.) as well as the decision of the Tribunal in the case of United White Metal Ltd. Vs. Commissioner of Central Excise, Mumbai - IV - 2015 (326) ELT 202 (Tri. Mum.). 4. The ld. AR Shri K.P. Muralidh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the Commissioner (Appeals) has given a very reasoned order by setting aside the confirmation of demand and directed the lower authority to requantify the duty on the basis of the depreciated value of the capital goods. We find no ground to interfere with the order passed by the Commissioner (Appeals). The same is sustained and the appeals filed by the assessee as well as the department are ..... X X X X Extracts X X X X X X X X Extracts X X X X
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