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M/s. Indo Shell Mould Ltd. Versus CCE, Coimbatore

2016 (4) TMI 369 - CESTAT CHENNAI

Disallowance of Cenvat credit - Availed credit on 22.08.2009, whereas, the capital goods have been cleared from the factory on 18.05.2009 itself - Revenue contended that cenvat credit is not to be allowed as the appellants were not in possession of the said capital goods on that date- Held that:- On going through the provisions of Rule 4(2) of Cenvat Credit Rules, the proviso clearly mentions, “that cenvat credit in respect of capital goods shall be allowed for the whole amount of the duty paid .....

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ould not be debarred from taking credit so long as the fact of receipt of capital goods in the factory is not disputed and the fact of not having taken credit earlier were proved. In the instant case, both the conditions stand satisfied. Accordingly, the impugned order is set aside. - Decided in favour of appellant - E/469/2012 - Final Order No._ 40577 / 2016 - Dated:- 29-3-2016 - SHRI P.K. CHOUDHARY, JUDICIAL MEMBER For the Petitioner : Shri J. Shankararaman, Adv. For the Respondent : Shri S. M .....

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machine was cleared to their associate concern M/s. Indo Shell Automotive Systems, Plant-1 vide their invoice No. AI-1115 dated 18.05.2009 on payment of excise duty of ₹ 57,103 and ₹ 9,640/- vide supplementary invoice No. AI-7472 dated 13.01.2010. The appellant availed Cenvat credit on the said capital goods vide Capital Goods Register Entry Sl.No. 35 dated 22.08.2009. The sequence of events financial yearwise has submitted by the appellant at page-3 of the appeal paper book, which .....

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me of availing of the Cenvat credit on it and the goods were not used in or in relation to the manufacture of the final products. On appeal, the Commissioner (Appeals) rejected the appeal and upheld the order of the lower appellate authority. Being aggrieved by the impugned order, the appellant is in appeal before this Tribunal. 2. The Ld. Counsel Shri J. Shankararaman, Advocate appearing on behalf of the appellant Company submits that as per Rule 4 of Cenvat Credit Rules, 2004, a manufacturer i .....

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, ie., till the capital goods were cleared to their associate concern. He drew my attention to the findings of the Ld. Commissioner (Appeals) in para-3 of his order, wherein the Commissioner (Appeals) has discussed the entire facts of the case. Further, he relies on the decision of the Co-ordinate Bench of this Tribunal in the case of Hindalco Industries Ltd. Vs. CCE, Cochin reported in 2008 (225) ELT 379 (Tri.-Bang.). 3. The Ld. AR Shri S. Mohan, AC, appearing on behalf of the department reiter .....

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in which the capital goods were received in the factory of manufacture, it envisages the possession of capital goods by the manufacturer of final products. Whereas, in the present case, the entire cenvat credit has been taken without having possession of capital goods. 4. Heard both sides and on perusal of records I find that in this case the appellant had purchased the capital goods and the same was received in their factory on 18.02.2008, on which Central excise duty of ₹ 66,744/- was pa .....

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