2013 (6) TMI 527

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....er (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 glass through these bushings. The appellan....

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....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 to avail 50% of the credit in the next finan....

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....licable 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 the capital goods, other than components, spares and ....