2007 (2) TMI 365

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....cate, for the Respondent. [Order]. - Heard both sides. 2. The revenue is in appeal. 3. The respondents have cleared the capital goods under Rule 57S(I)(ii) on payment of duty equivalent to credit availed after deducting 2.5% of credit taken for each quarter of a year of the use in respect of paying duty prevalent at the rate of 13% at the time of clearance and then added to 2....

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....o placed the reliance on the following case law - (i)      CCE, Pondicherry v. National Oxygen Ltd. - 2004 (176) E.L.T. 526 (Tri. Chennai) (ii)    Eicher Tractors v. CCE, Jaipur - 2004 (175) E.L.T. 277 (Tri. Del.) It is observed that on transfer of capital goods, amount equivalent to benefit of credit availed only required to be reversed. The conten....