2016 (9) TMI 889

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.... Appellants Shri S Nunthuk, AR for the Respondent ORDER Per Ms. Archana Wadhwa : After hearing both sides, duly represented by Shri Rupender Singh, learned Advocate appearing for the appellant and Shri S Nunthuk, learned AR appearing for the Revenue, I find that the appellants who are engaged in the manufacture of textile articles, purchased certain capital goods during the period 1996....

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....ssue required to be decided in the present appeal is as to whether, after putting the capital goods into use for a period of around 10 years, the assessee is required to reverse the cenvat credit originally taken at the time of receipt of goods or the fact of payment of duty on the transaction value would satisfy the provisions of law. I find that Rule 3(5) of Cenvat Credit Rules, 2004, provides f....

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..... CCE [2012 (281) ELT 714 (Del)]. 4. It is in these circumstances, Commissioner (Appeals) has referred to a Larger Bench decision in the case of Modernova Plastyles Pvt. Ltd. vs. Commissioner [2008 (232) ELT 29 (Tri-LB)]. The said decision also stand considered in the case of Jaybharat Dyg. & PTG Mills Pvt. Ltd. vs. CCE, Surat [2014 (313) ELT 686 (Tri-Ahmd)] wherein it was observed as under: ....

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....cluding the Tribunal s judgment in the case of Cummins India Ltd. v. CCE, Pune reported in 2007 (219) E.L.T. 911 (Tri. - Mumbai), as confirmed by the Hon'ble Mumbai High Court, when the appeal filed by the Revenue was rejected. The Tribunal in the said decision has also taken note of the Larger Bench decision of the Tribunal in the case of Modernova Plastyles Pvt. Ltd. v. CCE, Raigad reported in 2....