https://www.taxtmi.com/caselaws?id=116299 On removal of capital goods on which credit had been taken, Rule 57S(i)(ii) was construed as a deeming provision limited to recovery of the credit attributable to those goods. The fiction of "as if manufactured" could not be extended to levy duty at the rates applicable to a hypothetical manufacture in the factory, because the liability was confined to reversal of the credit originally availed. Following the larger Bench view, the departmental demand for reversal at higher rates and amounts was rejected, and the appeal failed. en-us Mon, 16 May 2005 00:00:00 +0530 Mon, 11 Jun 2012 12:17:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=116299 On removal of capital goods on which credit had been taken, Rule 57S(i)(ii) was construed as a deeming provision limited to recovery of the credit attributable to those goods. The fiction of "as if manufactured" could not be extended to levy duty at the rates applicable to a hypothetical manufacture in the factory, because the liability was confined to reversal of the credit originally availed. Following the larger Bench view, the departmental demand for reversal at higher rates and amounts was rejected, and the appeal failed. Case-Laws Central Excise Mon, 16 May 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=116299