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2018 (8) TMI 399 - AT - Central ExciseWhether cenvat credit on capital goods is allowable or eligible – (a) only after the production from those capital goods commences or, (b) on the day the said goods are installed in the factory premises, or, (c ) on the day the goods are received in the factory premises for intended production of dutiable final products? Held that:- CENVAT credit has to be determined on capital goods on the date of receipt i.e. as and when, goods are received in the factory of production alongwith evidence of duty paying documents - It also stands clarified by Board Circular vide Circular F.No.B-4/7/2000-TRU, dated 03.04.2000 laying down that credit can be taken as and when capital goods are received in the factory but not yet installed. Penalty - Sub-Rule (1) of Rule 15 of the Cenvat Credit Rules - Held that:- The sub-rule of Rule 15 has not been indicated in the Show Cause Notice. From the four Sub-Rule in Rule 15 of the Cenvat Credit Rules, no Sub-Rule have been specifically mentioned in the Show Cause Notice - the demand of penalty is not maintainable under provisions of Rule 15 which is a general Rule. Appeal dismissed - decided against Revenue.
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