Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2018 (7) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (7) TMI 606 - AT - Central ExciseCENVAT Credit - capital goods - Rule 4 (2) of Cenvat Credit Rules - Held that:- Apparent and admitted fact is that the utilization in the present case is for the months of January to March, 2011 (three months only) and the remaining availed cenvat credit is lying as unutilized credit. The same has nowhere been disputed by the Department also, rather it is very much apparent from para 3 of the show cause notice. In the given circumstances, since the Revenue has not denied that 50% of the availed Cenvat Credit has been reversed even prior to the show cause notice and that the entire amount has not been utilised except for last three months of year 2010 but has issued the show cause notice even based upon Rule 14 as is impressed upon during the arguments, is not sustainable. CENVAT credit - MS bars - Held that:- The article in question i.e. MS Bars since has not been customized / fabricated in such other form to have been exclusively fastened to the cranes herein but have merely been utilized in their existing form for a pathway meant for these cranes, the MS bars in the given circumstances, to my opinion, do not even fall under the definition of either component or spare or accessories of the capital goods as mentioned in Rule 2 (a) (iii) of CCR, 2004. Appeal allowed in part.
|