TMI Blog2013 (3) TMI 362X X X X Extracts X X X X X X X X Extracts X X X X ..... hri Vikram Nankani with Krishna Kumar, Vipin-kumar Jain and P.K. Shetty, for the Respondent. ORDER Though six questions of law have been formulated in the Appeal by the Revenue, Counsel appearing for the Appellant has, at the hearing, confined his submissions to questions (a), (b) and (c). 2. Rule 4(2)(b) of the Cenvat Credit Rules as it stood at the material time provided as follows : "The ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... subsequent financial year 2002-03. According to the Revenue, the assessee was not entitled to avail of the balance fifty per cent credit during the year 2002-03 since the capital goods were still at the stage of erection and had not actually been put to use. From the order of the Commissioner, it appears that the finding of the Commissioner is that the availment of the credit was premature. &nbs ..... X X X X Extracts X X X X X X X X Extracts X X X X
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