https://www.taxtmi.com/caselaws?id=118025 Used capital goods removed from a factory were held not to fall within the rule for capital goods removed as such, so duty or Cenvat credit reversal could not be demanded on that basis. The removals involved used machinery, and the value adopted was depreciated or transaction value, which did not attract the rule as applied by the Revenue. The demand was also unsustainable because the show cause notice was issued beyond the normal limitation period, with the removals already reflected in statutory returns and records. On these grounds, the demand, penalty and interest were set aside. en-us Sun, 18 Apr 2004 00:00:00 +0530 Tue, 18 Jun 2024 19:59:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=118025 Used capital goods removed from a factory were held not to fall within the rule for capital goods removed as such, so duty or Cenvat credit reversal could not be demanded on that basis. The removals involved used machinery, and the value adopted was depreciated or transaction value, which did not attract the rule as applied by the Revenue. The demand was also unsustainable because the show cause notice was issued beyond the normal limitation period, with the removals already reflected in statutory returns and records. On these grounds, the demand, penalty and interest were set aside. Case-Laws Central Excise Sun, 18 Apr 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=118025