2010 (8) TMI 432

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.... Shri W.L. Hangshing, JCDR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. - In this application, the appellant seeks waiver of pre-deposit and stay of recovery in respect of duty of over Rs. 1.6 crores and equal amount of penalty. The demand of duty is on certain old/used capital goods which were exported under bond by the assessee. It was raised in terms of Rule 3(5) of the CEN....

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....s on Cummins India Ltd. v. CCE, Pune-III - 2007 (219) E.L.T. 911 (Tri.-Mumbai), wherein it was held that the expression "as such", employed in Rule 3(4) of the CENVAT Credit Rules, 2002, meant that the capital goods removed under the Rule were removed without putting them to use. The learned JCDR has countered by referring to the Tribunal's Larger Bench decision in Modernova Plastyles Pvt. Ltd. v.....

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....or the appellant to declare anything in the relevant shipping bill with regard to MODVAT credit availed on the capital goods and, therefore, it cannot be said that they suppressed any fact before the department. 3. We have considered the submissions. In view of the Tribunal's Larger Bench decision, there is no substance in the counsel's claim that the capital goods in question were not cle....

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....d the normal period of limitation. The allegations raised in the show-cause notice are that the fact that any amount equal to CENVAT credit taken on the capital goods had not been paid was not disclosed by the appellant while exporting the goods. It was also alleged that the relevant invoice was not produced. Obviously, the export was made under free shipping bill. The Revenue has not shown to us ....