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100% Admissibility of Cenvat credit on Capital Goods

This query is : Resolved 
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(Querist)
08 April 2009 Request you to kindly clarify my doubt, whether 100% of Cenvat credit on Capital Goods can be availed in the subsequent year; in the case of no cenvat credit availed in the financial year, in which the goods were received.

Thanks in advance
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Dayal

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Dayal (Expert)
19 April 2009 On grounds of principle you can avail 100%. But advisable to utilize only 50%, reason department is bound to object and this will be available to you only after a judicial debate.

If during the audit the authorities do not object your proposal, then you can utilize the balance amount as well.
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A. Kiran Kumar

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A. Kiran Kumar (Querist)
21 April 2009 Thank you so much Mr. Dayal.
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