TaxTMI 
TaxTMI 
2018 (2) TMI 386
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....2002 to August 2002, the appellant procured certain capital goods for setting up captive power plant the same was disallowed by the learned Commissioner in the impugned order. In respect of cenvat credit availed on similar goods for the period February 2003, the appellant succeeded at the level of Commissioner (Appeals) who, vide the Order-in-Appeal No. 367/2004 dated 31.08.2004 allowed such cenvat credit. Against the allowance of such cenvat credit Appeal No. E/1305/2004 has been filed by Revenue. 2. The facts leading to the present appeals are summarized below: Prior to the period of present dispute, during the period 01.03.1994 to 14.01.1999, the assessee had availed modvat credit on capital goods which were used in setting up of a cap....
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.... the assessee himself and has not been transferred to M/s. Tata Genetic Company. Accordingly they have claimed that the present case is distinguished from the earlier proceedings. Further the learned Commissioner vide the impugned order has not accepted the stand of the assessee and has held that cenvat credit is not allowable to the assessee for the reason that the components have been procured by the assessee but the power plant has been set up and operated by M/s. Tata Electric Company. 3. With the above background, we heard Shri P. Devnath, learned advocate appearing for the assessee and Shri Pakshirajan, DR appearing for the Revenue. 4. The learned counsel for the appellant explained the facts of the case at length. It is his argumen....
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....he case became hazy and unclear. Similar components procured by the assessee for setting up the power plant during the earlier period was disallowed for the reason that the power plant so constructed was sold on 14.01.1999 to M/s. Tata Electric Company. In the impugned order before us, the Commissioner appears to proceed with the view that the components for which cenvat credit have been availed during the present disputed period are also part of the power plant set up in the same premises as what has been released to M/s. Tata Electric Company. The stand of the assessee is that the new power plant has been constructed by the assessee himself and the same has never been sold to M/s. Tata Electric Company but from the record of the case, we ....