2009 (1) TMI 165

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....DR, for the Respondent. [Order].- The appellant, M/s. Loyal Textile Mills Ltd. removed imported capital goods as such on 2-4-03. They paid excise duty on the capital goods using Cenvat credit. The goods in question had not suffered CVD at the time of their import in 1995. As per Rule 3(4) of Cenvat Credit Rules, 2002 (CCR) in force at the time of removal, the assessee was required to reverse th....

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....nth April 2003 in time, the appellants had kept the department informed of the impugned clearance of capital goods and utilization Cenvat credit. The return had shown the duty paid at the time of clearance. Hence larger period could not be invoked. Demand for the credit utilized was made in the Show Cause Notice issued on 6-10-05. Demand was made beyond the normal period. Therefore the demand was ....

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.... capital goods had been received in the factory. No duty was hence payable on their removal as such from the factory. Credit was wrongly reversed. It was irregular use of credit. The same is recoverable under Rule 12 of CCR. However the department had been informed of the details of payment of duty in the monthly return for the month of April 2003. This claim of the assessee is not contested by th....