TMI Blog2018 (5) TMI 602X X X X Extracts X X X X X X X X Extracts X X X X ..... lants factory - Corner board is used during the paper handling process - CENVAT credit on these inputs eligible. CENVAT credit on capital goods - entire credit availed in first year itself - Held that: - When there is no dispute as to the fact that they are eligible to avail CENVAT credit on the capital goods, at the most, the lower authorities could demand interest from the appellant for the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on capital goods subsequently or otherwise. 3. On perusal of records, it transpires that appellant had availed CENVAT credit of central excise duty paid on cement and steel during the period December 2008 to January 2010. The CENVAT credit availed was ₹ 52,02,701/- out of which an amount of ₹ 71,504/-is in respect of cement and steel which were received post 07.07.2009. The claim of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed (prior to 07/07/2009) for setting up of the industry needs to be allowed. It is not in dispute that the said cement and steel was used for setting up of new plant by the appellant in the factory premises. 4. As regards the credit on inputs availed on corner board, paper carrier rope, edge protector etc. on the ground that they did not fall under the category of capital goods or inputs, it is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eligible to avail CENVAT credit on such capital goods. Instead of availing 50% of the CENVAT credit on such capital goods in the year 2009-10 and balance 50% in the subsequent year, an error was made by the appellant in availing the entire CENVAT credit in the first year itself. When there is no dispute as to the fact that they are eligible to avail CENVAT credit on the capital goods, at the most ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as to recovering the credit once again which are eligible to an assessee is now settled by the Tribunal in the case of Madras Cements Ltd Vs CCE Hyderabad [2016(336) ELT 175 (Try-Hyd)]. 6. In view of the foregoing, in the facts and circumstances of this case we hold that no penalty is required to be imposed on the appellant and accordingly the appeal stands disposed of as indicated hereinabove ..... X X X X Extracts X X X X X X X X Extracts X X X X
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