9911796707
TMI Blog2025 (3) TMI 623X X X X Extracts X X X X X X X X Extracts X X X X ..... ancial year - HELD THAT:- As per Rule 4(2)(a) of CENVAT Credit Rules, 2004, CENVAT credit in respect of capital goods is permitted of the whole amount of duty paid on such capital goods in the same financial year, if such capital goods are cleared as such in the same financial year. Following the above, the Appellant is eligible for claiming the entire CENVAT credit as claimed by them. Hence the i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duty of Rs.8,15,399/- vide invoice No. KO-87685 dated 07.02.2009 to its own adjoining printing and packing divisions and the machines were used for manufacture and clearance of dutiable final products. Thereafter the Appellant had availed CENVAT credit of full amount on 26.03.2009. Alleging that the Appellant had availed ineligible CENVAT credit, proceedings were initiated and as per the impugned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cial year : Provided that the CENVAT credit in respect of capital goods shall be allowed for the whole amount of the duty paid on such capital goods in the same financial year if such capital goods are cleared as such in the same financial year : Provided further that the CENVAT credit of the additional duty leviable under sub-section (5) of Section 3 of the Customs Tariff Act, in respect of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... redit Rules, 2004, when the capital goods received and cleared as such in the same financial year. The Ld. Counsel also relied on the decisions in the matter of M/s NeelKamal Ltd vs CCE, Bolpur reported in 2014 (310) ELT 956 (Tri-Kol) and M/s Indo-Shell Mould Ltd CCE, Coimbatore - 2016 (343) ELT 944 (Tri -Che). The Ld. Counsel also submits that the demand is also barred by limitation, since the Sh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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