2005 (8) TMI 271

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..... about the denial of Modvat credit on capital goods. The contention of the Department is that the respondent was availing compounded levy scheme under Section 3A of the Central Excise Act, 1944, as such not eligible for Modvat credit and further the capital goods were received prior to 1-4-2000. Whereas the contention of the respondent/assessee is that the compounded levy scheme was abolished with .....

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..... 00. Mere receipt of machinery (capital goods) prior to 1-4-2000 does not mean that they are put to use or any benefit is derived out of it by the assessee. Therefore, denial of Modvat credit on capital goods considering their date of receipt prior to 1-4-2000 is not justified. Therefore, I find no merits in the appeal and accordingly dismissed. (Pronounced in Court)
Case laws, Decisions, Judg .....

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