TMI Blog2018 (3) TMI 1882X X X X Extracts X X X X X X X X Extracts X X X X ..... rocured on long term basis and the CENVAT Credit has been taken subsequently after assembling on the same invoices against which the goods were procured. From this it is clear that capital goods were delivered and received in the factory of the appellant in 2007-2008. While usage within the factory may well be a term use in the definition of Rule 3 of CENVAT credit Rules, 2004 which authorises the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he demand of Rs. ₹ 22,93,920/- while upholding the recovery of Rs. ₹ 15,95,332/- - Appeal allowed in part. - Excise Appeal No. E/75264/15 - F/O 75857/18 - Dated:- 23-3-2018 - DR. SATISH CHANDRA, HON BLE PRESIDENT AND SHRI C.J. MATHEW, HON BLE TECHNICAL MEMBER Sri S.P. Majumder, Advocate - FOR APPELLANT(S) Sri S. Mukhopadhyay, Supdt. (A.R.) - FOR THE RESPONDENT(S) ORD ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to claim the refund only to the extent of payment of dues in cash. 3. The learned Counsel for appellant contends that the definition of capital goods in rule 2A of CENVAT Credit Rules, 2004 utilised the deployment and usage of capital goods within the factory. It is also his contention that CENVAT Credit can be availed in time once the capital goods are installed and that in their case the capi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... basis and the CENVAT Credit has been taken subsequently after assembling on the same invoices against which the goods were procured. From this it is clear that capital goods were delivered and received in the factory of the appellant in 2007-2008. While usage within the factory may well be a term use in the definition of Rule 3 of CENVAT credit Rules, 2004 which authorises the availment of credit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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