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        Capital Goods After Use: Duty Based on Depreciated Value, Revenue's Appeal Dismissed for Consistency and Precedent.

        M/s A.G. Industries Pvt. Ltd. Versus Commissioner of Central Excise, Delhi-III, Gurgaon

        M/s A.G. Industries Pvt. Ltd. Versus Commissioner of Central Excise, Delhi-III, Gurgaon - 2024:PHHC:087531 - DB Issues:
        1. Interpretation of the phrase "capital goods cleared as such" under Rule 3(4) of the Cenvat Credit Rules, 2002.
        2. Validity of different interpretations by a two-member bench of the Tribunal compared to a Larger Bench.
        3. Determining duty liability on capital goods cleared after use based on the principle of depreciation.

        Issue 1 - Interpretation of "capital goods cleared as such": The Division Bench of the High Court analyzed whether the term "capital goods cleared as such" includes goods cleared after being used, emphasizing that capital goods retain their identity until they become in-serviceable. The purpose of Cenvat Credit for capital goods is to prevent duty cascading, and clearing machines after utilization does not qualify as clearing "as such." The court referred to a proviso in Rule 3(5) of the Cenvat Credit Rules and a circular clarifying the valuation of goods cleared after use. Upholding previous decisions, the court concluded that the appellant's duty liability should be based on the depreciated value of the capital goods.

        Issue 2 - Validity of different interpretations by Tribunal benches: The court addressed the issue of conflicting interpretations by different Tribunal benches regarding the phrase "as such." It highlighted the importance of consistency in interpreting legal provisions to avoid misuse of the scheme. By referring to previous decisions and circulars, the court emphasized the distinction between clearing capital goods without use and clearing them after utilization. Upholding the Tribunal's decision in favor of the appellant, the court dismissed the Revenue's appeal as lacking merit.

        Issue 3 - Determining duty liability based on depreciation: The judgment clarified that duty liability on capital goods cleared after use should be calculated based on the depreciated value, considering the period of use. The court set aside the Tribunal's order and allowed the appeal, aligning with the settled law and principles established in previous judgments. All pending miscellaneous applications were also disposed of in light of the decision.

        In conclusion, the High Court's judgment provided a detailed analysis of the interpretation of "capital goods cleared as such," the importance of consistent legal interpretations, and the calculation of duty liability based on depreciation for capital goods cleared after use. The decision upheld the principle that duty should be discharged on the depreciated value of goods cleared after utilization, in line with established legal precedents and circulars.

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