https://www.taxtmi.com/caselaws?id=122659 Rule 4(2)(a) of the Cenvat Credit Rules, 2002 allows credit on capital goods where the duty has been paid, and does not bar a taxpayer from taking the balance 50% credit in the succeeding financial year if 50% was already availed in the year of clearance. On the stated facts, the appellant had taken 50% credit in 2003-04 and the capital goods were cleared in the same financial year, so the later availment of the remaining credit could not be denied. The denial of the balance Cenvat credit was therefore unsustainable, and the credit was allowable to the assessee. en-us Tue, 17 Jul 2007 00:00:00 +0530 Thu, 16 Aug 2012 13:21:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=122659 Rule 4(2)(a) of the Cenvat Credit Rules, 2002 allows credit on capital goods where the duty has been paid, and does not bar a taxpayer from taking the balance 50% credit in the succeeding financial year if 50% was already availed in the year of clearance. On the stated facts, the appellant had taken 50% credit in 2003-04 and the capital goods were cleared in the same financial year, so the later availment of the remaining credit could not be denied. The denial of the balance Cenvat credit was therefore unsustainable, and the credit was allowable to the assessee. Case-Laws Central Excise Tue, 17 Jul 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=122659