Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2018 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (4) TMI 536 - AT - Central ExciseCENVAT credit - capital goods - the appellant had availed 100% credit on capital goods during FY 2010-11 instead of 50% cenvat credit on capital goods available during one Financial year and remaining 50% of the credit was in the subsequent years - Rule 4(2) (a) of CCR 2004 - time limitation - Held that: - the provisions of Rule 3 (6) provides for removal of used capital goods on reversal of credit and availment of such reversed credit by recipient - the invoice vide which the old capital asset was shifted to the new factory clearly shows that the goods on which credit has been availed are used capital goods and they have been removed from one location to another location on payment of duty and thereafter cenvat credit was taken - appellant has also proved that he has availed the credit but the same has not been used as sufficient balance was there in their cenvat credit account and therefore there is no question of demanding interest and imposing penalty Extended period of limitation - Held that: - invoking the extended period is not justified in the present case because there was no intention to evade payment of duty, Appeal allowed - decided in favor of assessee.
|