2013 (6) TMI 527

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....spondent : Shri P S Sodhi, Commissioner (AR) Per: S S Kang: Heard both sides. 2. The appellant filed appeal against the impugned order passed by the Commissioner of Central Excise, Belapur. The appellant are engaged in the manufacture of glass fibre. The appellant availed CENVAT credit in respect of 'bushing' as parts of capital goods. The glass fibre is manufactured by drawing the molten....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ubsequent to the financial year in which the capital goods are received in the factory, if the capital goods, other than components, spares and accessories are in the possession of the manufacturer of final products. The contention is that the provisions of Rule 4(2) (a) and (b) are not applicable in respect of the components, spares and accessories of the capital goods. The applicant are entitled....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....turer in the subsequent financial year is not applicable to the components. For ready reference, provisions of Rule 4(2)(b) are reproduced below:    "(b) The balance of CENVAT credit may be taken in any financial year subsequent to the financial year in which the capital goods were received in the factory of the manufacturer, or in the premises of the provider of output service, if th....