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    <title>2017 (2) TMI 890 - CESTAT MUMBAI</title>
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    <description>Cenvat credit on capital goods depends on the eligibility position prevailing on the date of receipt, so goods received while the assessee was under the compounded levy scheme did not give rise to credit even though the assessee later opted out and took credit thereafter. The later change in duty status did not create a fresh entitlement. On limitation, disclosure of credit in monthly returns was insufficient because the department was not informed of the earlier receipt and installation of the capital goods, so suppression was inferred and the extended period was available. The denial of credit, consequential demand and penalty were maintained.</description>
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      <link>https://www.taxtmi.com/caselaws?id=339190</link>
      <description>Cenvat credit on capital goods depends on the eligibility position prevailing on the date of receipt, so goods received while the assessee was under the compounded levy scheme did not give rise to credit even though the assessee later opted out and took credit thereafter. The later change in duty status did not create a fresh entitlement. On limitation, disclosure of credit in monthly returns was insufficient because the department was not informed of the earlier receipt and installation of the capital goods, so suppression was inferred and the extended period was available. The denial of credit, consequential demand and penalty were maintained.</description>
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