2013 (12) TMI 804

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....ard both sides. 2. Common issue involved in these two appeals and they are being heard together and disposed of by this common order. 3. Brief facts of the case in brief are that the appellant (M/s. Bakewell Agro Ltd.) are engaged in the manufacture of biscuit. The appellant received packing machine under the invoice dated 9-9-2006 and availed the credit of 50% of duty paid on the packing machin....

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....and. The appellant filed appeal before the Commissioner (Appeals) and Commissioner (Appeals) reduced the penalty only. 4. Appellant filed appeal against the order passed by the Commissioner (Appeals). The Revenue also filed appeal against the same impugned order challenging the reduction of penalty. The contention of the appellant is that as per the provision of Cenvat Credit Rules, the eligibili....

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....ate of receipt of the capital goods. 5. Revenue relied upon the finding of the lower authority to submit that as the packing machine in question was used exclusively for manufacture of the biscuit, therefore, the appellant are not entitled to credit of remaining 50% on duty paid on the packing machine. 6. I have gone through the decision of Larger Bench in the case of Spenta International Ltd. v....

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.... issue remaining 50% which has to be availed in the next financial year when the machine in the possession of the manufacturer. 8. The Rule 4(2)(b) of Cenvat Credit Rules provides that 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, if the capital goods are in possession of th....