TaxTMI 
TaxTMI 
2007 (7) TMI 515
X X X X Extracts X X X X
X X X X Extracts X X X X
....r]. - The Revenue challenges the order of the Commissioner (Appeals) to the extent it has reduced the confirmed demand of Rs. 4,89,027/- to Rs. 53,608/- by giving benefit of the depreciated value of the capital goods, which were removed by the Respondent, and imposed a reduced penalty of Rs. 10,000/- against Rs. 1 lakh imposed by the adjudicating authority. 2. The Commissioner (Appeal....
X X X X Extracts X X X X
X X X X Extracts X X X X
....efore the Commissioner (Appeals) a stand was taken up that duty was not payable. The order, which is made against the Respondent, has not been challenged by the Respondent and, therefore, has become final. 3. As regards the additional amount claimed by the Revenue on the basis that under Rule 3(4) of the Cenvat Credit Rules, 2002, the manufacturer of the final product was required to pay an ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....d to be used for the manufacture of other goods. The capital goods themselves were not required to be subjected to any manufacturing process, like inputs. The expression "as such", as per the dictionary meaning, means, "as being what has been indicated or named" (see below word 'such' in the Concise Oxford Dictionary, 9th Edition). Therefore, the said expression occurring in sub-rule (4) of Rule 3....