Cenavt Credit on previous Capital goods

[Laxmaiah Vanamamula]

Sir,

We have a manufacturing unit, we purchased one machinery under chapter ID 84, in the year 2012, at that time we have no Registration under central excise,

query > we take Central excise registration in 2013, now the question is can we availed cenvat credit on above capital goods/ mchinery.

please suggest me.

Thanking you,

V.Laxmaiah

AI Summary

Cenvat credit on capital goods allowed if excise duty not capitalised and depreciation not claimed under income tax
CENVAT credit on capital goods acquired before excise registration may be claimed after registration provided the excise duty was not capitalised into the machinery's cost and depreciation was not claimed on that gross value in the income tax returns; if duty was capitalised and depreciation claimed, CENVAT credit cannot be availed, to avoid double benefit, a matter reviewed in tax audits.