Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2012 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (2) TMI 11 - AT - Central ExciseEligibility to avail the credit of balance 50% of the amount of duty paid on the capital goods in the subsequent financial year, without installing the same and putting it into use – reference made to larger bench – A.Y. 2003-04 – Held that:- In view of decision in case of CCE vs. Ispat Industries Ltd (2006 -TMI - 489 - CESTAT, MUMBAI) it is held that the condition imposed under the relevant Cenvat Credit Rules, for taking credit of balance of 50% of amount of duty on capital goods in subsequent financial years, in case the capital goods are lying in the factory for installation and the process of erection was being carried out has to be considered as the capital goods were in possession and use for manufacture. - Decided in favor of assessee.
|