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2019 (7) TMI 394 - AT - Central ExciseCENVAT Credit - capital goods - the capital goods received prior to the imposition of central excise levy on final product (i.e. Coal) - time limitation - HELD THAT:- The levy of central excise was new in 2011 during which period the appellant has availed the credit on capital goods which is in dispute. The appellant, right from the adjudication stage to the stage of first appeal, has all along submitted that the subject goods, excavators, have been received in knocked down condition on 17.02.2011 which got ready for use only on 17.06.2011 on which date the GRN was prepared and goods were recorded in the Books and credited. In view of the decisions of this Tribunal in M/S. NEPA LTD. VERSUS CCE, INDORE [2013 (11) TMI 776 - CESTAT NEW DELHI] and the Apex Court decision in COMMISSIONER OF C. EX., CHENNAI-I VERSUS CHENNAI PETROLEUM CORPN. LTD. [2007 (4) TMI 4 - SUPREME COURT] , it is held that the appellant being a PSU would not have reason to avail wrong credit with intention to evade payment of duty. Moreover, since the central excise levy was made applicable for the first time, the issue of availing credit on capital goods during the cut off date would arise as a one-time affair for which there may be inadvertent error not attributable to wilful suppression or deceit to avail irregular credit. The issue of availment of credit involves a legal interpretation and therefore, it cannot be said that there would have been deliberate attempt on the part of the appellant to avail irregular credit. Appeal allowed on the ground of limitation.
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