https://www.taxtmi.com/caselaws?id=221596 Under Rule 4(2)(b) of the Cenvat Credit Rules, balance credit on capital goods was available even though the goods had not yet been put to actual use, because they were received in the factory, under installation and erection, and treated as being in the manufacturer's possession and use in the sense of availability for production. On those facts, the Tribunal's interpretation was accepted, no substantial question of law arose, and the Revenue's challenge failed. The assessee was entitled to the balance credit; the appeal was dismissed and the cross-objection stood disposed of. en-us Tue, 07 Jun 2011 00:00:00 +0530 Wed, 20 Mar 2013 16:43:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=221596 Under Rule 4(2)(b) of the Cenvat Credit Rules, balance credit on capital goods was available even though the goods had not yet been put to actual use, because they were received in the factory, under installation and erection, and treated as being in the manufacturer's possession and use in the sense of availability for production. On those facts, the Tribunal's interpretation was accepted, no substantial question of law arose, and the Revenue's challenge failed. The assessee was entitled to the balance credit; the appeal was dismissed and the cross-objection stood disposed of. Case-Laws Central Excise Tue, 07 Jun 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=221596