2008 (2) TMI 220

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... [Judgment per  K. Raviraja Pandian, J.] - The Civil Miscellaneous Appeal is  filed  against the Order No.786/2005 dated 2.6.2005  in Appeal No.E/563/2004 on the file of the Customs, Excise & Service Tax Appellate Tribunal, Chennai and the same was admitted on the following substantial questions of law: "a. Whether "Duty" referred to in the CENVAT Credit Rules, 2001 means the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ring the year 2000-01 availed 50 percent of the duty paid by the manufacturer. In the very same financial year, the said Vairava Textiles Limited sold the capital goods to the appellant and reversed the 50% of the credit availed by them and thus showing fifty percent of the reversed credit as duty paid. The appellant having purchased the capital goods availed 50 percent of the credit on the duty p....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....same contention, which has been raised before the authorities has been raised. After perusal of the order, we are of the view that in as much as that the capital goods were cleared to the appellant under Rule 57AE(1)(h), which provided that  when the capital goods were removed from the factory, the manufacturer of the final product should pay appropriate duty of excise leviable thereon as if ....