https://www.taxtmi.com/caselaws?id=372254 Box HS wagons falling under Chapter Heading 860692.90 were treated as capital goods under Rule 2(a)(A) of the Cenvat Credit Rules, 2004 because they were used in the factory for procurement of inputs and dispatch of finished goods. On that basis, Cenvat credit was considered admissible. The prior reversal of credit before issue of the show-cause notice did not, by itself, defeat the substantive entitlement where the claim otherwise fell within the Cenvat scheme. In that setting, penalty under Section 11AC of the Central Excise Act, 1944 read with the Cenvat Credit Rules, 2004 was not sustainable. en-us Wed, 19 Sep 2018 00:00:00 +0530 Thu, 20 Dec 2018 06:47:08 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=372254 Box HS wagons falling under Chapter Heading 860692.90 were treated as capital goods under Rule 2(a)(A) of the Cenvat Credit Rules, 2004 because they were used in the factory for procurement of inputs and dispatch of finished goods. On that basis, Cenvat credit was considered admissible. The prior reversal of credit before issue of the show-cause notice did not, by itself, defeat the substantive entitlement where the claim otherwise fell within the Cenvat scheme. In that setting, penalty under Section 11AC of the Central Excise Act, 1944 read with the Cenvat Credit Rules, 2004 was not sustainable. Case-Laws Central Excise Wed, 19 Sep 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=372254