https://www.taxtmi.com/caselaws?id=78195 Used capital goods received under the Cenvat Credit Rules, 2002 and cleared after more than two years of use under the Cenvat Credit Rules, 2004 were not to be treated as cleared "as such" for duty and valuation purposes. The valuation had to be determined with reference to the regime applicable when the goods were received, and there was no basis to demand reversal of the entire credit originally taken merely because the goods were later removed. On that footing, the demand for differential duty failed, and the connected penalty also had no foundation. en-us Tue, 19 Jan 2010 00:00:00 +0530 Mon, 08 Nov 2010 00:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=78195 Used capital goods received under the Cenvat Credit Rules, 2002 and cleared after more than two years of use under the Cenvat Credit Rules, 2004 were not to be treated as cleared "as such" for duty and valuation purposes. The valuation had to be determined with reference to the regime applicable when the goods were received, and there was no basis to demand reversal of the entire credit originally taken merely because the goods were later removed. On that footing, the demand for differential duty failed, and the connected penalty also had no foundation. Case-Laws Central Excise Tue, 19 Jan 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=78195