TMI Blog2014 (7) TMI 189X X X X Extracts X X X X X X X X Extracts X X X X ..... cent Cenvat credit to the appellant after the installation of the capital goods. It is only the question of timing of availment of credit. Admittedly the capital goods were received by the appellant and were under their possession. The said Rule 4(2)(b) uses the expression “possession and use of the manufacture of final products”. Revenue views are that the same should be put to actual use before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rest is liable to be confirmed against them and no penalty is liable to be imposed - Decided in favour of assessee. - E/3709/2005-EX(DB) - Final Order No. A/57804/2013-EX(DB) - Dated:- 12-9-2013 - Ms. Archana Wadhwa, Member (T) and Shri Manmohan Singh, Member (T) Shri P.K. Mittal, Advocate, for the Appellant. Shri M.S. Negi, DR, for the Respondent. ORDER After hearing both th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appellant had reversed the said credit on 26-2-2003 and availed the same again on 19-3-2004 after the capital goods were installed in the factory on 28-3-2003. There is no dispute of installment of capital goods in subsequent year 2004 and of availment of credit thereafter. 2. The Lower Authority vide impugned order dated 19-11-2004 held that in respect of the Cenvat credit which was taken by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evenue views are that the same should be put to actual use before the availing the credit. We find that the said disputed legal issue was the subject matter of Hon ble Bombay High Court s decision in the case of Commissioner of Central Excise, Raigad v. Ispat Industries Ltd. - 2012 (275) E.L.T. 79 (Bom.) vide which the Revenue s appeal was rejected. In view of the above finding of the Hon ble High ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
