2018 (3) TMI 446

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....Judicial) And Shri Madhu Mohan Damodhar, Member (Technical) Ms. Cynduja Crishnan, Advocate - for the Assessee Shri K.P. Muralidharan, AC (AR) - for the Department ORDER Per: Bench The above appeals filed against the same impugned order were heard together and are disposed by this common order. For sake of convenience, the parties herein are referred to as assessee and department. ....

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....f the capital goods removed b. The lower authority is directed to re-quantify the quantum of duty liability payable by appellants and demand the same along with interest c. The appellants are liable to pay interest for the delay in payment of re-quantified amount of duty liability d. The appellants are not liable to any penalty e. Needless to say re-quantification of duty shall be done....

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.... capital goods on which CENVAT credit was taken are removed after being used, the manufacturer should pay an amount equal to the CENVAT credit taken on the capital goods reduced by 2.5% for each quarter of year or part thereof from the date of taking the credit. She therefore argued that the assessee would not be liable to pay any amount since the capital goods have been sold after prolonged use o....

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....d by the Commissioner (Appeals), we find that the Commissioner (Appeals) has held that the assessees are liable to pay duty on the depreciated value of the capital goods removed. He has directed the lower authority to requantify the duty after applying the depreciation. As per the Board's Circular, during the relevant period, the assessees are liable to pay duty on the basis of the depreciated val....