https://www.taxtmi.com/caselaws?id=52968 Capital goods removed as such in the same financial year raised the question whether full Cenvat credit could still be taken when the 2001 Rules did not expressly address that situation. The analysis states that while Rule 4(2)(a) and Rule 4(2)(h) generally allowed only 50% credit in the year of receipt and the balance later only if the goods remained in the manufacturer's possession and use, the silence of the 2001 Rules on same-year removal required a harmonious reading with the later 2002 proviso and the earlier Rule 57Q scheme. On that approach, full credit was considered admissible and denial of the balance was not sustainable. en-us Mon, 29 Mar 2004 00:00:00 +0530 Fri, 08 Oct 2010 17:35:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=52968 Capital goods removed as such in the same financial year raised the question whether full Cenvat credit could still be taken when the 2001 Rules did not expressly address that situation. The analysis states that while Rule 4(2)(a) and Rule 4(2)(h) generally allowed only 50% credit in the year of receipt and the balance later only if the goods remained in the manufacturer's possession and use, the silence of the 2001 Rules on same-year removal required a harmonious reading with the later 2002 proviso and the earlier Rule 57Q scheme. On that approach, full credit was considered admissible and denial of the balance was not sustainable. Case-Laws Central Excise Mon, 29 Mar 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=52968