https://www.taxtmi.com/caselaws?id=4351 The Tribunal set aside the duty demand on scrapped capital goods before use, ruling in favor of the appellant. It found that the goods, though written off, were still in the factory premises and being used, thus rejecting the assumption that they were not in use. Precedents were cited where credit cannot be denied if goods are still in the factory, even if written off. The Tribunal also dismissed the demand based on written off value, emphasizing that non-disclosure in books of accounts did not justify the duty demand. The extended period of limitation argument was rejected, leading to the appeal being allowed and consequential relief granted to the appellant. en-us Thu, 27 Dec 2007 00:00:00 +0530 Sat, 28 Jun 2008 00:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=4351 The Tribunal set aside the duty demand on scrapped capital goods before use, ruling in favor of the appellant. It found that the goods, though written off, were still in the factory premises and being used, thus rejecting the assumption that they were not in use. Precedents were cited where credit cannot be denied if goods are still in the factory, even if written off. The Tribunal also dismissed the demand based on written off value, emphasizing that non-disclosure in books of accounts did not justify the duty demand. The extended period of limitation argument was rejected, leading to the appeal being allowed and consequential relief granted to the appellant. Case-Laws Central Excise Thu, 27 Dec 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=4351