2017 (12) TMI 84

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....in, Advocate for Appellant Shri S.V. Nair, Asstt. Commr. (A.R) for Respondent ORDER Per: Ramesh Nair The fact of the case is that the appellants after availing the cenvat credit on capital goods and after use of the same removed showing that the capital goods cleared under Rule 4(5) (a) of Cenvat Credit Rules to their sister concern. It was found that the capital goods so removed were ....

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.... Credit Rules is applicable only in such cases where the capital goods are removed as such i.e. without putting to use. He placed reliance on the judgment of Hon'ble High Court of Delhi in the case of Harsh International (Khaini) Pvt. Ltd. Vs. Commr. of Central Excise - 2012 (281) E.L.T. 714 (Del.). He alternately submits that if at all any duty liability arise it should be on the depreciated valu....

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....013 (298) E.L.T. 541 (Tri.- LB) held that the assessee is required to pay the cenvat credit after deduction of 2.5% of Credit for each quarter of use of machine year from the date of taking cenvat credit is proper. 4. We have carefully considered the submissions made by both sides. We find that there are various contrary decisions on the issue, finally the Larger Bench of this Tribunal in the c....