2009 (5) TMI 719

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....e Respondent. [Order]. - None appears on behalf of the applicant despite issue of notice. 2. Heard the ld. DR and perused the records. 3. The applicant filed this application for waiver of pre-deposit of duty of Rs. 1,03,267/- and penalty of equal amount. The applicant cleared the capital goods on payment of duty on the basis of transaction value. Commissioner (Appeals) obser....

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....the Tribunal in the case of Cummins India Ltd. v. CCE, Pune-III - 2007 (219) E.L.T. 911 (Tribunal-Mumbai) held that the assessee not required to reverse the credit originally availed by them at the time of receipt of capital goods when the said capital goods were subsequently removed as old, damaged and un-serviceable capital goods. I find by amendment of the Rules, certain percentage of reduction....