2013 (9) TMI 212

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.....V. Ravindran: This appeal is directed against Order-in-Appeal No.BC/243/ SURAT-II/2011, dt.12.09.2011. 2. The facts of the case, in brief, are that during the course of internal audit, it was noticed that the appellant has availed the credit on item i.e. Forklifts as capital goods for Rs.1,79,090/- in March 2000/January 2001 and utilized the same. The said capital goods have been cleared as....

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....the adjudicating authority and rejected the appeal filed by the assessee. 4. Ld.Counsel would submit that they had purchased 2 forklifts in March, 2000 and January, 2011 and utilized the same in factory premises and cleared the same in March 2007. 5. It is his submission of the Revenue that they have not paid the Central Excise duty, but, they have subsequently paid the Central Excise duty o....

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....he said forklifts. The lower authorities are of the view that the appellant should reverse the CENVAT Credit availed on these forklifts when they were received in the factory premises. 8. I find strong force in the contention raised by ld.Counsel in as much as the Hon'ble High Court of Punjab & Haryana in the case of Raghav Alloys Ltd (supra) have held in favour of the assessee. With respect, I....

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....ch the Assessee shall be liable to pay duty equal to amount of Cenvat Credit availed. The machines which are cleared after utilization cannot be treated as machines cleared as such. With effect from 13-11-2007, a proviso has been added to Rule 3(5) of the Cenvat Credit Rules providing that if the capital goods on which Cenvat credit has been taken are removed after being used, the manufacturer sha....