Cenvat credit on capital goods

Darshan Dodiya (Student CA Final ) (392 Points)

09 June 2013  

hello sirs,

In CENVAT credit rules, 2004 as per Rule 4(2) cenvat on capital goods is allowed upto 50% in the year of acquisition and remaining 50% in the subsequent year subject to actual possession of goods.

My question is regarding interpretation of this rule. Is it says that,

1. Assessee can AVAIL 50% in the first year and remaining 50% in the subsequent year....

OR

2. Assessee can AVAIL full credit in the first year itself, but the credit can be UTILISED as 50% in the first year and remaining 50% in the second year...

Thanx to reply well in advance...