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2016 (8) TMI 785
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....Ms. Priyanka Goel, Advocate for the appellant Shri M.R. Sharma, DR for the respondent ORDER This appeal is directed against the order passed by Commissioner (Appeals) dated 23rd of May 2008. The appellant is a manufacturer of asbestos cement sheets falling under chapter 68 of the Central Excise Tariff. These goods were chargeable to nil rate of duty up to 28/02/2006. W.e.f. 1st of M....
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.... the Ld. advocate for the appellant as well as Sh. Sharma, DR. The main ground canvassed by the appellants is that their final product became dutiable during the financial year 2005 - 2006 and the capital goods have been received in the appellants unit during the same financial year. Accordingly they have prayed that they will be entitled to the CENVAT credit of duty paid on the capital goods. ....
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....vanced by the appellant is that the credit has been taken in the same financial year in which their final products became dutiable. We find that this is not a valid reason to permit such credits. 5. We find that Larger Bench of this Tribunal had occasion to examine a similar question in the case of Spenta International Ltd versus Commissioner of Central Excise, Thane which is ....