TMI Blog2007 (7) TMI 506X X X X Extracts X X X X X X X X Extracts X X X X ..... behalf of the appellant. Heard the learned D.R. and perused the record. 2. The relevant facts of the case, in brief, are that the appellants have taken 50% Cenvat credit on capital goods during the period 2003-2004 in terms of sub-rule 2(a) of Rule 4 of Cenvat Credit Rules, 2002. They sold/transferred the said capital goods in the same financial year on payment of full duty as mentioned in the i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es that Cenvat credit in respect of capital goods shall be allowed for the whole amount of duty paid on such capital goods in the same financial year if such capital goods are cleared in the same financial year. The appellant could have taken balance 50% credit in the same financial year but they have taken the said credit in the subsequent financial year. So, I do not find any reason to deny the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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