https://www.taxtmi.com/caselaws?id=126434 Rule 3(4) of the Cenvat Credit Rules, 2002 requires duty on removed inputs or capital goods as such to be paid at the rate applicable on the date of removal, not the date of acquisition, because the rule expressly fixes liability by reference to removal. On the penalty issue, Rule 25 of the Central Excise Rules, 2002 read with Section 11AC could not be applied where the record did not show the necessary statutory ingredients or deliberate defiance, and the dispute was only interpretational. The duty-rate issue was decided against the assessee, while the penalty was set aside. en-us Wed, 03 Jun 2009 00:00:00 +0530 Tue, 06 Nov 2012 16:23:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=126434 Rule 3(4) of the Cenvat Credit Rules, 2002 requires duty on removed inputs or capital goods as such to be paid at the rate applicable on the date of removal, not the date of acquisition, because the rule expressly fixes liability by reference to removal. On the penalty issue, Rule 25 of the Central Excise Rules, 2002 read with Section 11AC could not be applied where the record did not show the necessary statutory ingredients or deliberate defiance, and the dispute was only interpretational. The duty-rate issue was decided against the assessee, while the penalty was set aside. Case-Laws Central Excise Wed, 03 Jun 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=126434