https://www.taxtmi.com/caselaws?id=336261 On removal of inputs as such under Rule 57F(1)(ii) of the Central Excise Rules, the duty payable is coextensive with the Modvat credit originally taken and is not to be recalculated at the rate prevailing on the date of clearance. The precedent applied treated the Revenue's contrary view as a minority position that had later been disapproved and confirmed by a five-member Larger Bench. On that basis, a demand computed by applying the clearance-date rate was held unsustainable, and the demand was set aside in favour of the assessee. en-us Wed, 16 Nov 2016 00:00:00 +0530 Mon, 19 Dec 2016 10:45:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=336261 On removal of inputs as such under Rule 57F(1)(ii) of the Central Excise Rules, the duty payable is coextensive with the Modvat credit originally taken and is not to be recalculated at the rate prevailing on the date of clearance. The precedent applied treated the Revenue's contrary view as a minority position that had later been disapproved and confirmed by a five-member Larger Bench. On that basis, a demand computed by applying the clearance-date rate was held unsustainable, and the demand was set aside in favour of the assessee. Case-Laws Central Excise Wed, 16 Nov 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=336261