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TMI Blog2018 (10) TMI 150X X X X Extracts X X X X X X X X Extracts X X X X ..... ntral Excise department - Held that:- Since the appellant suo moto reversed the credit and also paid interest during the course of audit by the Central Excise department, it cannot be said that availment of Cenvat Credit was owing to the reason of fraud, collusion, suppression, etc. Since the statute clearly mandates imposition of penalties, in the eventuality, where there is involvement of fraud, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pter sub-heading No.2711.21 of the Central Excise Tariff Act, 1985. The appellant avails Cenvat Credit of Central Excise duty paid on the inputs and capital goods. During the disputed period, the appellant had availed Cenvat Credit on capital goods, viz., cascades, dispensers, spares, etc. Availment of such credit was disputed by the department on the ground that at the time of taking such credit, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Rule 15 (2) of the Rules read with Section 11AC of the Act. 3. Learned Advocate appearing for the appellant submits that taking of Cenvat Credit in respect of the disputed capital goods is in conformity with the Cenvat statute inasmuch as there is no specific stipulation or embargo in this statute that credit should be availed after obtaining the registration certificate from the departme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r dispute that on receipt of the duty paid capital goods in godown, the credit was availed by the appellant. Obtaining of Central Excise registration at the time of initial setting up of plant and machinery is not a condition precedent for availment of the Cenvat benefit provided in the statute. Since the appellant suo moto reversed the credit and also paid interest during the course of audit by t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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