TMI Blog2012 (10) TMI 548X X X X Extracts X X X X X X X X Extracts X X X X ..... f Cenvat credit in the year in which the capital goods, which are under heading 6804 of the First Schedule of the Excise Tariff Act - appellant has taken Cenvat credit only on those goods which are falling under heading 6804 of the First Schedule of the Excise Tariff Act. Therefore the appellants are entitled for 100% of the Cenvat credit as per the provision of Rule 4(2)(b) of the Cenvat Credit R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its, Sand papers, Inserts, Welding nozzles, Refractory bricks etc. and availed 100% of Cenvat credit on these goods as inputs. As the abovesaid items are falling under heading 6804 of the First Schedule to the Excise Tariff Act, 1985 as capital goods. Therefore, the appellants are entitled for availing only 50% Cenvat credit in the same financial year on these capital goods and remaining 50% of Ce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sequent financial year. But Rule 4(2)(b) Cenvat Credit 2004 give an exemption for components, spares and accessories, refractories and refractory materials, moulds and dies and goods falling under heading 6805, grinding wheels and the like, and parts thereof falling under heading 6804 of the First schedule to the Excise Tariff Act. As the impugned goods fall under heading 6804 therefore, the appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he balance of Cenvat credit may be taken in any financial year subsequent to the financial year in which the capital goods were received in the factory of the manufacturer, or in the premises of the provider of output service, if the capital goods, other than components, spares and accessories, refractories and refractory materials, moulds and dies and goods falling under heading 6805, grinding wh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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