https://www.taxtmi.com/caselaws?id=428394 The Tribunal held that Rule 3(5A) of the CENVAT Credit Rules, 2004 did not apply to an output service provider clearing capital goods as scrap. It determined that the goods cleared were correctly classified as scrap, not used capital goods. As a result, the demand for payment under Rule 3(5A) was dismissed, leading to the appeal being allowed. The Tribunal set aside the previous order confirming a demand of Rs. 83,00,29,670/- with interest and penalty, directing a refund of the amount paid by the appellant with applicable interest. en-us Mon, 26 Sep 2022 00:00:00 +0530 Thu, 29 Sep 2022 16:38:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=428394 The Tribunal held that Rule 3(5A) of the CENVAT Credit Rules, 2004 did not apply to an output service provider clearing capital goods as scrap. It determined that the goods cleared were correctly classified as scrap, not used capital goods. As a result, the demand for payment under Rule 3(5A) was dismissed, leading to the appeal being allowed. The Tribunal set aside the previous order confirming a demand of Rs. 83,00,29,670/- with interest and penalty, directing a refund of the amount paid by the appellant with applicable interest. Case-Laws Service Tax Mon, 26 Sep 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=428394