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TMI Blog2008 (4) TMI 145X X X X Extracts X X X X X X X X Extracts X X X X ..... the department to follow was to issue show cause notice and after considering the reply of the appellant pass a speaking order - matter remanded for deciding the availability of credit on merits - E/1867/2004 - A/648/2008-WZB/AHD - Dated:- 1-4-2008 - Ms. Archana Wadhwa, Member (J) and Shri B.S.V. Murthy, Member (T) Shri S. Suriyanarayanan, Advocate, for the Appellant. Shri Sameer Chitk ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t for taking credit on capital goods and recredit of wrongly disallowed the credit is permissible, the appellants of their own recredited the reversed amount and informed the Superintendent on 27th Sept. 2002. The Range Superintendent in his letter dated 10th October, 2002 informed the appellants that he had convinced them that the Cenvat credit is not permissible before reversal and they have wil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... axmi Iron Steel Works Pvt. Ltd. - 1994 (69) E.L.T. 530 wherein it was held by the Tribunal that for disallowance or reversal, show cause notice is required. He also relies upon Board's Circular No. 1999/33/96-CX, dated 23-4-96 in support of the claim that there is no time limit for availment of credit on capital goods. The same view was taken by the Tribunal in Vikrant Tyres Ltd. - 1999 (1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... well settled and supported by the appellants judgment cited above. We also agree in this case that there is no difficulty in considering the eligibility of capital goods as per law since there was no delay in taking the credit initially. The proper procedure for the department to follow was to issue show cause notice and after considering the reply of the appellant pass a speaking order. We reman ..... X X X X Extracts X X X X X X X X Extracts X X X X
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