https://www.taxtmi.com/caselaws?id=328089 CENVAT credit on capital goods did not require reversal when used capital goods were removed from the factory before the 13-11-2007 amendment. The rule then in force required payment only where inputs or capital goods were removed "as such", which was interpreted as removal without prior use. Applying the earlier pari materia rule and the later amendment introduced by Notification No. 39/2007, the Tribunal treated the pre-amendment position as not covering capital goods already put to use. The assessee therefore succeeded, and the demand, interest, and penalty could not be sustained on the basis adopted in the impugned order. en-us Tue, 03 May 2016 00:00:00 +0530 Wed, 21 Dec 2016 16:24:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=328089 CENVAT credit on capital goods did not require reversal when used capital goods were removed from the factory before the 13-11-2007 amendment. The rule then in force required payment only where inputs or capital goods were removed "as such", which was interpreted as removal without prior use. Applying the earlier pari materia rule and the later amendment introduced by Notification No. 39/2007, the Tribunal treated the pre-amendment position as not covering capital goods already put to use. The assessee therefore succeeded, and the demand, interest, and penalty could not be sustained on the basis adopted in the impugned order. Case-Laws Central Excise Tue, 03 May 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=328089