9911796707
TMI Blog2012 (10) TMI 907X X X X Extracts X X X X X X X X Extracts X X X X ..... after registration, in the subsequent year, they have utilized the entire Cenvat credit which was standing to their credit – cenvat credit allowed – in favor of assessee - E/2007/2010 - A/45/2012-WZB/C-II(EB) - Dated:- 11-11-2011 - S/Shri S.S. Kang, P.R. Chandrasekharan, JJ. REPRESENTED BY : Shri V.K. Singh, Addl. Commissioner, for the Appellant. Shri P.V. Sadavarte, Advocate, for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion No. 8/2003, there is no bar in taking credit by SSI unit in respect of the capital goods. 4. We find that the Tribunal in the case of Progressive Systems (supra), after taking into consideration the provisions of Notification, held that when the manufacturer is working as a SSI unit, there is no prohibition in taking credit in respect of the capital goods. The appeal filed by the Revenue wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the credit is not utilized in the same year, then Rule 4(2)(b) provides that it can be utilized in any year and to the full extent. Therefore, in the instant case, as the Cenvat credit was availed of in the year 2006-07, when the assessee had not yet registered under Rule 9 of the Central Excise Rules, the assessee did not utilize the Cenvat credit. It is only after registration, in the subsequent ..... X X X X Extracts X X X X X X X X Extracts X X X X
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