The Assessee is eligible to avail remaining 50% of Cenvat credit on Capital Goods which were cleared during the same Financial Year of its receipt
Court :
Hon’ble CESTAT, Kolkata
Brief :
The Hon’ble CESTAT, Kolkata relying upon the following case laws:
- Modernova Plastyles Pvt. Ltd. [2008 (232) ELT 29 (Tri-LB)] duly upheld by the Hon’ble Bombay High Court also vide its order dated November 4, 2009;
- CCE, Hyderabad-III Vs. Navodhaya Plastic Industries Ltd. [2013 (298) E.L.T. 541 (Tri.-LB)];
- CCE, Salem Vs. Rogini Mills Ltd. [2011 (264) E.L.T. 367 (Madras)].
and held that the Capital Goods which were put to use and when cleared from the factory, would be eligible to the balance 50% of Cenvat credit available on such Capital Goods on its clearance from the factory in the same financial year.
Citation :
Nilkamal Ltd. Vs. CCE, Bolpur [2015 (1) TMI 588 - CESTAT KOLKATA]
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Bimal Jain
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