2003 (2) TMI 387 - AT - Central Excise

Summary

The Appellate Tribunal CEGAT, Mumbai ruled in favor of the appellant regarding the denial of Modvat credit on capital goods due to exceeding the six-month limit. The Tribunal found that the Department's intention was not to deny credit based on the time limit, even though a circular issued later did not have retrospective effect. As there was no express provision on the time limit for availing credit on capital goods, the Tribunal allowed the appeal and set aside the impugned order.