2017 (12) TMI 1297

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....er V.Padmanabhan, The appeal is against Order-in-Original No.UDZ-EXCUS-000-COM-0024-15-16 dated 03.09.2015. The appellant is engaged in the manufacture of polyester yarn falling under Chapter 55 of the first schedule to Central Excise Tariff Act, 1985. They availed Cenvat credit amounting to Rs. 50,00,611/- on capital goods. However, the department, after issue of SCN, passed the impugned order i....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....29/2004. Consequently, she claimed that the appellant will be entitled to the Cenvat credit. 4. The ld DR justified the impugned order. He submitted that the credit was availed in the month of June, 2011 when the appellant was availing full exemption. Further, it is on record that after September, 2011, the appellant was availing the said exemption. He also placed reliance on the following case l....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tilize the machine also for manufacture of goods to be cleared on payment of duty. The adjudicating authority has also recorded that the appellant has used it for manufacture of one consignment which was cleared on payment of duty. 6. The whole issue to be decided is what is the relevant date for deciding the Cenvat credit eligibility - whether date of receipt of capital goods or the date of its ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....apital goods fall within the purview of sub-rule (4) of Rule 6 and hence, not entitled to Cenvat credit. The only argument advanced 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 the Tribunal had occasion to examine a similar....