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    <title>2014 (12) TMI 120 - CESTAT AHMEDABAD</title>
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    <description>Cenvat credit on capital goods was not required to be reversed where a component of the plant was cleared as waste and scrap after long use in the factory. The decisive distinction was between capital goods removed as such and goods removed after use; the record and show cause notice did not establish that the item was cleared without being used. As the goods had been used for a substantial period and duty had been paid on the transaction value on clearance as scrap, the credit already taken on the capital goods could not be denied merely because a part was later sold after use. The Revenue&#039;s challenge therefore failed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=253776</link>
      <description>Cenvat credit on capital goods was not required to be reversed where a component of the plant was cleared as waste and scrap after long use in the factory. The decisive distinction was between capital goods removed as such and goods removed after use; the record and show cause notice did not establish that the item was cleared without being used. As the goods had been used for a substantial period and duty had been paid on the transaction value on clearance as scrap, the credit already taken on the capital goods could not be denied merely because a part was later sold after use. The Revenue&#039;s challenge therefore failed.</description>
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