2010 (1) TMI 443

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ohan, Consultant, for the Respondent. [Order (Oral)]. - Appeal No. E/195/2008 is by the Department against the order of Commissioner (Appeals) No. 651/CE/CHD/2007 dated 23-11-2007. Cross-Objection No. 105/2008 is connected to this appeal. 2. Heard both sides. 3. The relevant facts, in brief , are that the respondent received a DG set vide Invoice No. 235 dated 2-5-2002 and took credit amounting....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e appeal. 4. Learned DR submits that inasmuch as they have cleared the DG set received as the capital goods only as DG set and not as waste or scrap, they are required to pay the entire credit taken by them amounting to Rs. 55,448/-. He relies on the decision of the Larger Bench in the case of Modernova Plastyles Pvt. Ltd. v. CCE, Raigad - 2008 (232) E.L.T. 29 (Tri.-LB) interpreting the term clea....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... duty should be determined in terms of Cenvat Credit Rules, 2002 by adopting the sale price at the time of removal. He also submits that the decision of the Larger Bench did not specifically consider the aspect of the goods received during currency of Cenvat Credit Rules, 2002 having been removed during the currency of Cenvat Credit Rules, 2004. He also submits that the ratio of the decision in th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....espondent for more than 2 years and cleared during the currency of Cenvat Credit Rules, 2004. The plea of the respondent that for the purpose of valuation, the Cenvat Credit Rules, 2002 should be applied even though the goods have been cleared in 2006 deserves to be accepted. What was cleared after using for more than 2 years could not be treated as clearance 'as such' as held by the Tribunal in t....