https://www.taxtmi.com/caselaws?id=1687 On removal of capital goods from the factory, the manufacturer was required to reverse Cenvat credit under Rule 3(5) of the Cenvat Credit Rules. The Tribunal distinguished the cited precedent relating to a 100% EOU and held that, because the applicant was not a 100% EOU, the statutory reversal requirement applied. As a result, complete waiver of pre-deposit of duty was declined and the assessee was required to deposit the duty for the appeal to proceed. Waiver was granted only in respect of the penalty for purposes of hearing the appeal. en-us Tue, 24 Apr 2007 00:00:00 +0530 Tue, 15 Apr 2008 08:58:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=1687 On removal of capital goods from the factory, the manufacturer was required to reverse Cenvat credit under Rule 3(5) of the Cenvat Credit Rules. The Tribunal distinguished the cited precedent relating to a 100% EOU and held that, because the applicant was not a 100% EOU, the statutory reversal requirement applied. As a result, complete waiver of pre-deposit of duty was declined and the assessee was required to deposit the duty for the appeal to proceed. Waiver was granted only in respect of the penalty for purposes of hearing the appeal. Case-Laws Central Excise Tue, 24 Apr 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=1687