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M/s Nasik Strips Pvt Ltd Versus Commissioner of Central Excise And Customs, Nashik

2015 (10) TMI 1545 - CESTAT MUMBAI

Availment of CENVAT Credit - capital goods / moulds were not available during the next year - appellant has availed 50% Cenvat credit under capital goods on C.I. Moulds at the time of receipt and subsequent 50% was availed in the subsequent financial year - Held that:- There is no dispute in the fact that appellant has availed Cenvat Credit in respect of C.I. Moulds to the extent of 50% at the time of receipt thereof and balance 50% was availed in the subsequent financial year. At the time of ta .....

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since at the time of taking remaining 50% credit, moulds were not available with the appellant Cenvat credit of remaining 50% was correctly disallowed. This position has been made clear in the judgments of Silver Ispat (P) Ltd. [2008 (5) TMI 104 - CESTAT MUMBAI] and Sri Krishna Alloys (2006 (1) TMI 411 - CESTAT, CHENNAI) as cited by Ld. A.R. In view of this settled legal position and Board clarification the appellant is not entitled for Cenvat Credit to the extent of remaining 50% therefore impu .....

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nd dismissed the appeal filed by the appellant. The fact of the case is that appellant has availed 50% Cenvat credit under capital goods on C.I. Moulds at the time of receipt and subsequent 50% was availed in the subsequent financial year. At the time of taking remaining 50% credits on moulds during use in the manufacture got defective and become waste and the same was cleared from the factory as waste and scrap. Revenue's contention that in terms of Rule 4(2)(b) of Cenvat Credit Rules, 2002 .....

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unting ₹ 1,57,008/- was confirmed and penalty of ₹ 20,000/- was imposed under Rule 13 of Cenvat Credit Rules, 2002 and interest under Rule 12 of Cenvat Credit Rules, 2002 read with Section 11AB of Central Excise Act, 1944 was also ordered to be recovered. 2. When the matter was called for, none appeared on behalf of the appellant and no request for adjournment has been made by the appellant therefore I am taking up the matter to dispose on merit. 3. Shri. Sanjay Hasija, Ld. Superinte .....

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redit Rules, 2002 50% balance credit in respect of capital goods i.e. moulds and dies were allowable only if the capital goods is in possession and use with the manufacturer. As in the present case, the C.I. Moulds were admittedly not in possession of the appellant and it was not in use as the same become waste and scrap and cleared out of the factory credit of balance 50% is not admissible. He placed reliance on the judgments of this Tribunal in the case of Silver Ispat (P) Ltd. Vs. Commissione .....

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