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TMI Blog2019 (2) TMI 755X X X X Extracts X X X X X X X X Extracts X X X X ..... ER This is an appeal filed against order-in-appeal No. NSK-EXCUS-000-APPL/391/17-18 dated 23.3.2018 passed by Commissioner of Central Excise & CGST (Appeals), Nashik. 2. Briefly stated the facts of the case are that the appellant had availed cenvat credit on capital goods during the period 2006-07 in accordance with the provisions of Cenvat Credit Rules, 2004. The said capital goods after being ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provisions of Rule 4(2)(a) of the Cenvat Credit Rules, 2004. It is his contention that depreciation has to be calculated taking the amount of credit availed till the clearance of the capital goods by reducing the credit @ 2.5% per quarter. He has submitted that therefore, the order is bad in law and unsustainable. In support, he has referred to the judgment of the Larger Bench of this Tribunal in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... availed at the time of receipt of the capital goods in the factory, reducing the same @ 2.5% per quarter for the period the credit was availed. Therefore, the computation of the department is incorrect. Besides, there is no suppression of fact as the present demand relates to application of the formula prescribed under Rule 3(5B) of Cenvat Credit Rules, 2004. Consequently, the impugned order is s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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