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2016 (1) TMI 516 - AT - Central ExciseCenvat Credit in respect of power plant - it was revealed that the appellant has availed cenvat credit on imported capital goods namely, boiler parts, condenser, H P Heater, ESP, Steam Turbine and generator on the strength of Bills of Entry - goods used outside the factory of manufacture of final product for generation of electricity for captive use within the factory prior to 31.3.2011 - Held that:- The thrust of the learned AR is on the definition of capital goods as per Rule 2A of Cenvat Credit Rules, 2004 which has been expended with effect from 01.04.2011 and there is no specific provision provided to take the benefit expansion of said definition retrospectively. In fact, prior to 01.04.2011, there are various judicial pronouncements on the said issue. Further, we also find that Hon’ble Supreme Court has time and again has held that if the goods procured outside the factory for generation of power for captive consumption, it is to be seen that the inputs has been used in the factory, therefore, the appellant is entitled to take cenvat credit. We also note that on these capital goods, the appellant has taken cenvat credit only on 28.11.2011. At the time of availment of cenvat credit, the provisions of Rule 2A (1A) were in force and there is no bar for availment of cenvat credit at that point of time. - Credit allowed - Decided in favor of assessee.
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