9911796707
TMI Blog2017 (4) TMI 548X X X X Extracts X X X X X X X X Extracts X X X X ..... ly for exempted goods - Rule 11 is clear that this provision is applicable only in respect of inputs or input services and not on capital goods. Therefore the payment of amount equivalent to the cenvat credit in respect of stock of capital goods as on date of exemption is not applicable in the facts of the present case. Though appellants have paid the amount of cenvat credit but they have filed the appeal before the Commissioner (Appeals) challenging the entire order - it cannot be said that the appellant has not challenged the demand of cenvat credit. Appeal allowed - decided in favor of appellant. - E/724/12 - A/86397/17/SMB - Dated:- 24-2-2017 - Shri Ramesh Nair, Member (Judicial) None for the appellant Shri Sanjay Has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y liability at the time of adjudication therefore now the issue of demand of cenvat credit attained finality and same cannot be reconsidered at this stage. In this regard, he placed reliance in the R.A. Casting P. Ltd. 2015 (318) ELT 433. 4. I have carefully considered the submission made by both sides. The fact is not under dispute that the present case is related to the cenvat credit availed on the capital goods. As per the provisions of cenvat credit on capital goods only if the capital goods is used exclusively for exempted goods credit is not admissible. In the present case after receipt of the capital goods on which credit was denied the finished goods was dutiable. Subsequently, the finished goods became exempted, therefore it c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oods, whether cleared for home consumption or for export. 5. On careful reading of the above Rule, it is clear that this provision is applicable only in respect of inputs or input services and not on capital goods. Therefore the payment of amount equivalent to the cenvat credit in respect of stock of capital goods as on date of exemption is not applicable in the facts of the present case. As regards the submission of Ld. AR that the appellants have not challenged the duty liability at the adjudication stage, I find from the records that though they have paid the amount of cenvat credit but they have filed the appeal before the Commissioner (Appeals) challenging the entire order. Even before this Tribunal also the appellant is seeking s ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
