TMI Blog2018 (5) TMI 115X X X X Extracts X X X X X X X X Extracts X X X X ..... erest for taking the credit of 50% of credit in advance on the capital goods allowed by the learned Commissioner - to ascertain the quantum of interest the matter is remanded to the learned Commissioner - matter on remand. Penalty u/r 15(1) of the CCR 2004 - Held that: - penalty itself is not imposable in view of the judgment of the Hon'ble Gujarat High Court in the case of Asstt. Commissioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Finance Act, 1994. In providing the said services, the appellant have availed CENVAT Credit on Tower and Tower materials falling under Chapter 73 of the Central Excise Tariff Act, 1985 as inputs, Alleging that the credit availed on such towers and tower materials cannot be considered as capital goods as defined under Rule 2(a) of the CENVAT Credit Rules, 2004 or as inputs, a show-cause notice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... same financial year, whereas as per Rule 4(2)(a) of the CENVAT Credit Rules, 2004 the assessee are eligible to avail credit of duty paid on capital goods only to the extent of 50% of the duty paid in the financial year the capital goods were received and the balance 50% of the credit in subsequent financial year. It is his contention that on the excess credit availed by the respondent is required ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n'ble Gujarat High Court in the case of Asstt. Commissioner of Central Goods Service Tax, Division-VIII (Vejalpur) Vs. Vodafone Essar Gujarat Ltd. - 2017-TIOL-2107-HC-AHM-ST. 6. Heard both sides and perused the records. 7. We find that the learned Commissioner in the impugned order though upheld the admissibility of credit of ₹ 7,56,30,380/- on Towers Tower materials as capita ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned Commissioner. Accordingly, to ascertain the quantum of interest the matter is remanded to the learned Commissioner. 8. As far as penalty is concerned, we are of the view that Hon'ble High Court has already held in Vodafone Essar Gujarat Ltd. (supra) that no penalty is imposable under Rule 15(1) of the CENVAT Credit Rules, 2004, therefore, we do not find any merit in the plea of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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