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2010 (7) TMI 180 - HC - Central ExciseCenvat Credit- Capital goods- The first respondent availed the entire credit of duty i.e., 100% on the capital goods in a sum of Rs.1,94,124/- instead of 50% of the said duty as has been provided under Rule 2(4)(a) of Cenvat Rules 2001. Such credit was taken on 25.07.2001. The assessing authority as well as the first appellate authority held that the first respondent should have taken only 50% of the duty paid in the financial year in which the capital goods were received and the balance could have been availed in any subsequent financial year on satisfaction of relevant Rule. The Tribunal however, held in the impugned order by taking note of the proviso added to Rule 2(4) of CENVAT Rules 2001, which came into effect after 01.03.2002 and by applying the provisions contained in Section 21 and 24 of General Clauses Act, 1897, the benefits which were made available after 01.03.2002 and prior to 01.04.2000 would be deemed to have been in operation during the interregnum period and therefore, the first respondent was entitled for availing 100% CENVAT credits. Held that- in question of applicability of particular provision, clear and unambiguous language of that provision to be given its true meaning. Order of Tribunal granting benefit, directly in conflict with Rule 4(2) and therefore not sustainable.
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