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TMI Blog2025 (3) TMI 623X X X X Extracts X X X X X X X X Extracts X X X X ..... hri M. S. Nagaraja, Advocate for the Appellant Shri Rajesh Shastry, Authorised Representative for the Respondent ORDER Per: P. A. Augustian The issue in the present appeal is whether the Appellant had availed ineligible CENVAT credit, while transferring the capital goods which are cleared as such in the same financial year. 2. The brief facts are the Appellant had imported printing unit and f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sioner (Appeals) also rejected the appeal. Aggrieved by said order, present appeal is filed before the Tribunal. 3. When the appeal came up for hearing, the Ld. Counsel for the Appellant draws our attention to the provisions of Section 4(2)(a) which is extracted below: "Rule 4 (2) (a) - The CENVAT credit in respect of capital goods received in a factory or in the premises of the provider of out ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are removed as such in the same financial year, CENVAT credit in respect of capital goods shall be allowed for the whole amount of the duty paid on capital goods. Thus, the Appellant complied with the first proviso of Rule 4(2)(a) of CENVAT Credit Rules, 2004 and is eligible for the CENVAT credit availed by them. The Ld. Counsel also draws our attention to the provisions of Rule 3(5) and (6) of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ission in the impugned order and submits that since they have removed the goods, the Adjudication authority rightly confirmed the demand and imposed penalty. 7. Heard both sides and perused the records. 8. We have gone through the relevant provision of law and the decisions relied by the Appellant. As per Rule 4(2)(a) of CENVAT Credit Rules, 2004, CENVAT credit in respect of capital goods is per ..... X X X X Extracts X X X X X X X X Extracts X X X X
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