Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2016 (6) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (6) TMI 713 - AT - Central ExciseCenvat credit taken on the disputed goods - demand raised - Held that:- As per the unambiguous definition of capital goods contained in Rule 2(a)(A) of the Cenvat Credit Rules, the disputed goods shall be considered as input in terms of Rule 2(a) of the said rules for the purpose of the cenvat benefit. As find the goods when used for manufacture of machines installed in the factory shall be eligible for cenvat credit, under the head input. Therefore there is no merit in the impugned order in disallowing the cenvat benefit to the appellant. With regard to the findings that in the year of receipt of the capital goods, the appellant had taken 100% cenvat credit, and thus, the same is not permissible the authorities below have not addressed the issue properly in their respective orders. If the submissions of the Ld. Advocate are to be taken into consideration, then for receipt of the disputed goods in 2005, taking of cenvat credit in 2007 is in conformity with the cenvat statute. However, since this particular aspect has not been properly addressed the matter should be remanded back to the original authority for verification of the duty paid documents for ascertaining the fact regarding date of receipt of the capital goods and taking of cenvat credit.
|