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2017 (2) TMI 890 - AT - Central ExciseCENVAT credit - compounded levy scheme - From March, 2002 the appellant have started payment of duty and they were opted out from the compounded levy scheme - whether the credit on capital goods should be considered on the date of its receipt or any date subsequently? - Held that: - the appellant at the time of receipt of the capital goods was not legally entitle for Cenvat credit therefore at later stage also they are not eligible for Cenvat credit on the capital goods. As regard the issue raised by the appellant on limitation, appellant have availed cenvat credit in the month of March, 2002 and department was not aware that whether the said capital goods received in March, 2002 or prior to that, therefore credit details shown in the monthly return does not help the appellant that there is no suppression of facts particularly as regard to receipt and installation of the capital goods, therefore the extended period of demand correctly invoked. Appeal dismissed - decided against appellant.
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