https://www.taxtmi.com/caselaws?id=117289 Rule 4(2)(b) of the Cenvat Credit Rules, 2001 allowed only 50% of credit on capital goods initially, with the balance becoming available in a later financial year when the goods were in possession and use in manufacture. On the material considered, the machine was not fully installed when the remaining credit was taken, so the applicants did not establish a strong prima facie case for complete waiver of pre-deposit. The argument that credit could be allowed to the extent part of the machinery had been installed was left for examination in the main appeal, but it was insufficient to justify full stay relief at the interim stage. Full waiver was therefore declined and partial pre-deposit was directed. en-us Thu, 28 Apr 2005 00:00:00 +0530 Thu, 21 Jun 2012 15:48:56 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=117289 Rule 4(2)(b) of the Cenvat Credit Rules, 2001 allowed only 50% of credit on capital goods initially, with the balance becoming available in a later financial year when the goods were in possession and use in manufacture. On the material considered, the machine was not fully installed when the remaining credit was taken, so the applicants did not establish a strong prima facie case for complete waiver of pre-deposit. The argument that credit could be allowed to the extent part of the machinery had been installed was left for examination in the main appeal, but it was insufficient to justify full stay relief at the interim stage. Full waiver was therefore declined and partial pre-deposit was directed. Case-Laws Central Excise Thu, 28 Apr 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=117289