https://www.taxtmi.com/highlights?id=80271 CENVAT Credit - Removal of capital goods - Depreciation - Deduction of 2.5% to be applied from the date of availing credit, not from the date of receiving or putting to use the capital goods - Rule 3(5) and Rule 3(5A) and Rule 4(2) of CCR - Though capital goods received at the same time, Rule 4(2) restricts availment of credit to 50% of duty paid on capital goods in a financial year - Legislature conscious of Rule 4(2) while introducing Rule 3(5A) - Ordinary meaning of "from the date of availing the credit" to be followed - No ambiguity to be read into - Appellant's calculation applying deductions on 100% from date of availing initial credit incorrect - Time limitation - No wilful suppression of facts established - Appellant paid amount as per their calculation and filed ST3 returns reflecting reversal of credit - Show cause notice time-barred - Appeal allowed on ground of limitation. en-us Fri, 09 Aug 2024 09:17:17 +0530 Fri, 09 Aug 2024 09:17:17 +0530 TaxTMI RSS Generator https://www.taxtmi.com/highlights?id=80271 CENVAT Credit - Removal of capital goods - Depreciation - Deduction of 2.5% to be applied from the date of availing credit, not from the date of receiving or putting to use the capital goods - Rule 3(5) and Rule 3(5A) and Rule 4(2) of CCR - Though capital goods received at the same time, Rule 4(2) restricts availment of credit to 50% of duty paid on capital goods in a financial year - Legislature conscious of Rule 4(2) while introducing Rule 3(5A) - Ordinary meaning of "from the date of availing the credit" to be followed - No ambiguity to be read into - Appellant's calculation applying deductions on 100% from date of availing initial credit incorrect - Time limitation - No wilful suppression of facts established - Appellant paid amount as per their calculation and filed ST3 returns reflecting reversal of credit - Show cause notice time-barred - Appeal allowed on ground of limitation. Highlights Central Excise Fri, 09 Aug 2024 09:17:17 +0530 https://www.taxtmi.com/highlights?id=80271