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2019 (6) TMI 559 - AT - Central ExciseCENVAT credit - capital goods - availment of second installment of 50% of the cenvat credit on the capital goods - Department was of the view that the second installment of 50% of the cenvat credit on the capital goods availed by the appellant in April, 2002, was irregular inasmuch as at the time of availing the second 50% credit, the capital goods were not yet installed for use of the manufacturer - HELD THAT:- The capital goods lying in the factory of the appellant pending installation and erection, may be considered as capital goods in possession and use for the manufacture - there is no reason to deny the second instalment of the capital goods. Appeal allowed - decided in favor of appellant.
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