2013 (3) TMI 87

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....ad, Jt. Commissioner (AR) for the Respondent   Shri Mathew John, J.   After hearing both sides for some time, I find that this is a matter which has already been decided by the Hon ble High Courts and it is proper to take up the appeal itself for hearing and disposal with the consent of both sides after waiving the requirement of predeposit. 2. The appellants had taken CENVAT cr....

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....ther the expression as such appearing in Rule 3(4)(c) of the CENVAT Credit Rules, 2004 would cover capital goods used for some time and thereafter removed has been decided by the Hon ble Madras High Court in CCE, Salem Vs. Rogini Mills Ltd. 2011 (264) ELT 367 (Mad.) and it was held that the said provision requiring reversal of the entire credit taken at the time of receipt of the capital goods in ....

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....sue that whatever amount is reversed at the time of removal in the first factory can be taken credit of at the second factory and thus the whole issue is revenue neutral. Thus, he pleads that the entire demand confirmed against them along with penalty is not sustainable. 4. Opposing the prayer the learned AR for the Revenue submits that during the relevant time there was no provision for revers....