https://www.taxtmi.com/caselaws?id=115611 Removal of inputs or capital goods as such after availing Cenvat credit is governed by Rule 3(5) of the Cenvat Credit Rules, 2004. The rule requires payment of an amount equal to the Cenvat credit originally availed on those goods, rather than excise duty calculated on transaction value under Section 4 of the Central Excise Act. A later Board clarification superseding an earlier circular expressly confirmed this treatment. Consequently, a demand based on transaction value could not be sustained, and the issue was resolved in favour of the assessee. en-us Mon, 26 Sep 2005 00:00:00 +0530 Tue, 16 Apr 2024 13:17:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=115611 Removal of inputs or capital goods as such after availing Cenvat credit is governed by Rule 3(5) of the Cenvat Credit Rules, 2004. The rule requires payment of an amount equal to the Cenvat credit originally availed on those goods, rather than excise duty calculated on transaction value under Section 4 of the Central Excise Act. A later Board clarification superseding an earlier circular expressly confirmed this treatment. Consequently, a demand based on transaction value could not be sustained, and the issue was resolved in favour of the assessee. Case-Laws Central Excise Mon, 26 Sep 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=115611