https://www.taxtmi.com/caselaws?id=379733 Under the compounded levy scheme for notified goods, earlier CENVAT credit on old and unused capital goods could not be demanded back by importing Rule 3(5) of the CENVAT Credit Rules, 2004 where the governing packing-machine rules excluded application of those Rules and contained no express reversal provision; the demand for reversal on removal of the machines as scrap was therefore unsustainable. The demand of duty, interest and penalty also could not be sustained on extended limitation, because the removals had been intimated to the department and audit verification did not establish suppression or wilful misstatement; the assessee succeeded on limitation and penalty as well. en-us Thu, 11 Apr 2019 00:00:00 +0530 Tue, 07 May 2019 08:10:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=379733 Under the compounded levy scheme for notified goods, earlier CENVAT credit on old and unused capital goods could not be demanded back by importing Rule 3(5) of the CENVAT Credit Rules, 2004 where the governing packing-machine rules excluded application of those Rules and contained no express reversal provision; the demand for reversal on removal of the machines as scrap was therefore unsustainable. The demand of duty, interest and penalty also could not be sustained on extended limitation, because the removals had been intimated to the department and audit verification did not establish suppression or wilful misstatement; the assessee succeeded on limitation and penalty as well. Case-Laws Central Excise Thu, 11 Apr 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=379733