TMI Blog2007 (2) TMI 71X X X X Extracts X X X X X X X X Extracts X X X X ..... Mum - Final Order No. A/588/2007-WZB/SMB/C-IV, - Dated:- 22-2-2007 - [Order per] - Heard both sides. 2. The issue involved in the present appeal is denial of Cenvat credit of 100% on the capital goods during the subsequent financial year. The appellants herein engaged in the manufacture of carburetors falling under CSH No. 8409.00 of the Schedule to the Central Excise Tariff Act, 1944. Dur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... covery of interest under Section 11AB. Apart from that the plant and machinery were also ordered to be confiscated as against the redemption fine of Rs. 5,000/-. On filing the appeal, the Commissioner (Appeals), Central Excise, Pune upheld the order of the adjudicating authority confirming the demand and rejected the appeal. Hence the present appeal. 3. In order to better appreciate the releva ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ods are received in the factory. This rule imposed bar of availment of the credit exceeding 50%. Rule 4(2)(b) speaks that the balance credit may be availed during any subsequent financial year. In the instant case, the appellant assessee did not availed the Cenvat credit during the first financial year i.e. 2003-2004, in which year the capital goods were received. During the next financial year i. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xcise, Bangalore , 2004 (170) E.L.T. 371 (Tri.-Bang.). The facts covered by that case are similar to the present case. In the above referred case the department however permitted 50% of the Cenvat credit to the assessee while denying the balance 50% and the observation of the Tribunal is that the balance 50% is also admissible during the next financial year. But the ld. Commissioner (Appeals) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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