2005 (6) TMI 422

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...., Advocate, for the Respondent. [Order] -  Heard both sides.  Revenue filed this appeal against the order-in-appeal passed by the Commissioner (Appeals).  2.Brief facts of the case are that the respondents are engaged in the manufacture of excisable goods and they purchased certain capital goods on which credit has been taken. The capital goods were removed from the factory....

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....h. The respondents relied upon the Board Circular No. 813/10/05-CX, dt. 25-4-2005 wherein it has been clarified that where the inputs or capital goods were removed from the factory of the manufacture as such, the reversal of credit is sufficient even under Rule 57AB of Central  Excise Rules, 1944  or under Rule 3(4) of Cenvat Rules 2001 or 2002.  5.I find that in the present case....