Cenvat credit not to be reversed on transfer of capital goods to sister concerns without physical movement

M/s. Vodafone Mobile Services Limited Vs. Commissioner of Central Excise & ST (CESTAT Ahmedabad) It is an admitted fact that of the case that there was no physical removal of the capital goods from the factory of the respondent. The central point for consideration is whether the amount is required to be paid under Rule 3(4) of the Cenvat Credit Rules is to be paid by taking such capital goods as removed from the factory. Revenue relied upon the decision of the Honble Karnataka High Court in which a view was taken, in the light of the erstwhile Rule 57Q of the Central Excise Rules, that su...