https://www.taxtmi.com/caselaws?id=120043 Capital goods cleared as such in the same financial year did not justify denial of the balance 50% Cenvat credit where the scheme and the later express proviso indicated that full admissible credit could still be claimed. The applicable Cenvat rule generally allowed only 50% credit in the year of receipt, with the balance in a later year if the goods remained in use, but the later statutory proviso specifically covered same-year clearances. Read with the Cenvat framework and the General Clauses Act, the text supports the view that the remaining credit should not be refused solely because the capital goods were transferred within the same year. en-us Mon, 03 Apr 2006 00:00:00 +0530 Mon, 16 Jul 2012 14:17:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=120043 Capital goods cleared as such in the same financial year did not justify denial of the balance 50% Cenvat credit where the scheme and the later express proviso indicated that full admissible credit could still be claimed. The applicable Cenvat rule generally allowed only 50% credit in the year of receipt, with the balance in a later year if the goods remained in use, but the later statutory proviso specifically covered same-year clearances. Read with the Cenvat framework and the General Clauses Act, the text supports the view that the remaining credit should not be refused solely because the capital goods were transferred within the same year. Case-Laws Central Excise Mon, 03 Apr 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=120043