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TMI Blog2018 (1) TMI 627X X X X Extracts X X X X X X X X Extracts X X X X ..... he respondent ORDER Per: V. Padmanabhan 1. The present appeal has been filed against the Order-in-Original No.63/2014 dated 30/12/2014. The appellant is engaged in the production of coal from mines situated in Hasdeo Area, Rajnagar. They were paying duty on coal classifiable under 27011200 of the Central Excise Tariff Act and were availing the Cenvat credit facility on inputs, capital goods a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order the present appeal has been filed. 2. With the above background we heard Shri Rajeev Aggarwal, CA representing the appellant as well as Shri M.R. Sharma, Ld. DR representing the Revenue. 3. The Ld. Counsel for the appellant submitted that as per the Cenvat Credit Rules, 50 per cent of the Cenvat Credit on capital goods can be taken in the year of receipt of capital goods. Even though the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... will be liable. 5. As per the Cenvat Credit Rules, in respect of capital goods, the 50 per cent of the credit may be availed in the year in which the capital goods are received by an assessee. The balance 50 per cent is to be availed in the succeeding financial year. In the present case, the appellant availed the full 100 per cent in the year in which the capital goods were received. Upon being p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dispute of wrong availment of Cenvat Credit on capital goods is for the period immediately after introduction of such Excise Duty. Consequently we take a liberal view and accept the plea of the appellant that the mistake was inadvertent and unintentional. Consequently, we set aside the penalty imposed on the appellant. 7. In view of the above discussions the appeal is partly allowed. [Order Pron ..... X X X X Extracts X X X X X X X X Extracts X X X X
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