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2014 (2) TMI 453 - CESTAT NEW DELHIDenial of CENVAT Credit - Duty paid on laptop - Revenue issued a Show Cause Notice alleging that the said laptop was not either part of any machine or linked with the production process - Bar of limitation - Held that:- admittedly, during the period when the credit was availed, the machines were not in a position to work without laptop. Merely because the laptop is a movable item and can be shifted to another place cannot be a reason to hold that the same would not fall within the definition of capital goods. The laptop falls within Chapter 84 of the Customs/Central Excise Tariff and as per the definition of capital goods in terms of Rule 2(a)(A) of CENVAT Credit Rules, goods falling under Chapter 84 are to be treated as capital goods. There is nothing in the definition to assert that if the capital goods are movable, they would not be considered as capital goods. Demand is hopelessly barred by the limitation. Commissioner (Appeals) has observed that the Show Cause Notice was issued within a period of one year from the date of audit objections raised and as such is within the limitation period. I observe that the above finding of the Commissioner (Appeals) is not correct in as much as the relevant date as specified under the law does not start from the date of audit objection. Adopting the said date as the relevant date, for the purposes of limitation, would amount to rewrite the law. Admittedly, the appellants have availed the credit in the statutory records and the same was reflected in the returns/declarations filed by them. As such, no mala fide can be attributed to them, the issue being a genuine issue of interpretation of law - Decided in favour of assessee.
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