Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2018 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (1) TMI 252 - CESTAT MUMBAICENVAT credit - transfer of credit - Rule 4(2)(a) of the Cenvat Credit Rules - Invocation of Rule 3(5B) of CCR - Held that: - Rule 3(5B) applies only to input/ capital goods which are either written off fully or partially or where this provision for writing off is made. In absence of any assertion by the revenue, the said rule cannot be invoked to deny cenvat credit to the appellants. In the instant case, the capital goods were cleared from the factory in the same financial year therefore the appellants could have availed the entire credit on the capital goods. Revenue cannot prevent the appellants their availing the entire credit in view of proviso to Rule 4(2)(a) - invocation of Rule 4(2)(a) of Cenvat Credit Rules has no basis. Appeal allowed.
|