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2023 (10) TMI 954 - CESTAT KOLKATADenial of CENVAT Credit on capital goods to the extent of 50% thereof - appellant procured the capital goods and have not availed any cenvat credit of duty paid in the financial year 2006-07 and took whole of the cenvat credit in the financial year 2007-08 - HELD THAT:- The appellant has complied with the condition of Rule 4(2)(b) of the Cenvat Credit Rules, 2004 as they were entitled to take 50% of the credit in the financial year 2006- 07, where they have not taken any cenvat credit and balance amount credit they were entitled to take in the financial year 2007-08 which they have taken. There are no merit in the impugned order and the same is set aside - appeal allowed.
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