<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2006 (3) TMI 12 - Appellate Tribunal, New Delhi</title>
    <link>https://www.taxtmi.com/caselaws?id=503</link>
    <description>The dispute concerned whether sale of a captive power plant together with stored capital goods, on which Modvat credit had been taken but which had never been put to use, constituted &quot;removal&quot; of capital goods requiring reversal of credit under Rule 57AB(1C) of the Central Excise Rules, 1944. One view treated transfer of the plant and associated capital goods as removal from the factory even without physical lifting, while the competing view required actual physical removal rather than mere transfer of ownership or possession. The Tribunal did not decide the issue on merits and referred the matter to a Larger Bench, leaving valuation and penalty questions open.</description>
    <language>en-us</language>
    <pubDate>Fri, 17 Mar 2006 00:00:00 +0530</pubDate>
    <lastBuildDate>Sun, 13 Apr 2008 15:20:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=39951" rel="self" type="application/rss+xml"/>
    <item>
      <title>2006 (3) TMI 12 - Appellate Tribunal, New Delhi</title>
      <link>https://www.taxtmi.com/caselaws?id=503</link>
      <description>The dispute concerned whether sale of a captive power plant together with stored capital goods, on which Modvat credit had been taken but which had never been put to use, constituted &quot;removal&quot; of capital goods requiring reversal of credit under Rule 57AB(1C) of the Central Excise Rules, 1944. One view treated transfer of the plant and associated capital goods as removal from the factory even without physical lifting, while the competing view required actual physical removal rather than mere transfer of ownership or possession. The Tribunal did not decide the issue on merits and referred the matter to a Larger Bench, leaving valuation and penalty questions open.</description>
      <category>Case-Laws</category>
      <law>Central Excise</law>
      <pubDate>Fri, 17 Mar 2006 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=503</guid>
    </item>
  </channel>
</rss>