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    <title>2009 (2) TMI 186 - CESTAT, MUMBAI</title>
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    <description>Under Rule 4(2)(b) of the CENVAT Credit Rules, 2002, the balance 50% credit on capital goods was not available before the statutory condition of possession and use for manufacture was satisfied, so premature availment was disallowed. Because the credit had been taken before entitlement arose, interest was payable as compensation for earlier utilisation. Penalty was nevertheless unwarranted, as the dispute involved a bona fide interpretative controversy on the credit-taking provision, and the penalty was deleted.</description>
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      <link>https://www.taxtmi.com/caselaws?id=34845</link>
      <description>Under Rule 4(2)(b) of the CENVAT Credit Rules, 2002, the balance 50% credit on capital goods was not available before the statutory condition of possession and use for manufacture was satisfied, so premature availment was disallowed. Because the credit had been taken before entitlement arose, interest was payable as compensation for earlier utilisation. Penalty was nevertheless unwarranted, as the dispute involved a bona fide interpretative controversy on the credit-taking provision, and the penalty was deleted.</description>
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