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    <title>2022 (2) TMI 9 - CESTAT NEW DELHI</title>
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    <description>The tribunal ruled that Rule 3(5A) of the CENVAT Credit Rules, 2004 did not apply to output service providers during the relevant period, absolving the appellant from payment obligations for clearing capital goods as scrap. Capital goods were classified as scrap based on a rigorous process, leading to the conclusion that they were not &#039;used.&#039; As a result, the imposition of interest and penalties was deemed unjustified. The tribunal set aside the demand, ordering a refund of the amount paid by the appellant with interest.</description>
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      <link>https://www.taxtmi.com/caselaws?id=417758</link>
      <description>The tribunal ruled that Rule 3(5A) of the CENVAT Credit Rules, 2004 did not apply to output service providers during the relevant period, absolving the appellant from payment obligations for clearing capital goods as scrap. Capital goods were classified as scrap based on a rigorous process, leading to the conclusion that they were not &#039;used.&#039; As a result, the imposition of interest and penalties was deemed unjustified. The tribunal set aside the demand, ordering a refund of the amount paid by the appellant with interest.</description>
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