2007 (6) TMI 449

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....e Appellant. None, for the Respondent. [Order]. -  This appeal is directed against the Order-in-Appeal No. AT/314/Bel/2006 dated 16-5-2006. 2. The respondents were served notice of hearing. Despite this, none appeared on behalf of the respondent nor there is any request for adjournment. Since the issue involved is in a narrow compass. I take up the appeal itself for disposal ....

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....ods for manufacturing of their finished goods and subsequently during the period 2004-2005, the said capital goods were cleared as old and used capital goods. The undisputed fact that these capital goods were old and used is accepted by both the lower authorities. The finding of the Commissioner (Appeals) are very relevant :-  "I have gone through the case records and considered the averme....

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....e 57-S. Sub-rule (5A) was added in Rule 3 of Cenvat Credit Rules, 2004 with effect from 16-5-2005 providing for payment of an amount equal to the transaction value of scrap of capital goods. In respect of period prior to 16-5-2005 at the best only this sub-rule can be applied. Otherwise there was no  authority for payment of any amount on scrap of capital goods, which could not be called clea....