2015 (9) TMI 1021

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....dent: Shri G. Jha, Authorised Representative Per: H.K. Thakur This appeal has been filed by the Appellant against OIA No.287-2012-AHD-II-CE-AK-COMMR-A-AHD, dt.31.12.2012 issued on 04.01.2013. The issue involved in the present proceedings is whether the Appellant is eligible to get the refund claim of duty paid/reversed by them towards the clearances of old machines as waste from their CENVAT cre....

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.... of CENVAT Credit Rules, 2004 to argue that with respect to these machinery, the CENVAT Credit taken on capital goods is required to be reduced @ 2.5% for each quarter of the year from the date of taking CENVAT Credit. That as per the Page 67 of the appeal memorandum, the CENVAT Credit was taken on 16.04.1997, the machinery was sold on 16.08.2008. That following the reduction method as per the sec....

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....tion value of such waste and scrap was correctly paid as per Rule 3(5A) of the CENVAT Credit Rules, 2004. No evidence has been brought on record by the Revenue to suggest that the capital goods, on which CENVAT Credit was taken in 1997, were cleared as waste and scrap. On the contrary, Appellant has furnished copies of the sale invoices under which the description of the goods is not shown as wast....