2016 (10) TMI 1193

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.... Shri K.P. Muralidharan, AC (AR), for the  Respondent. ORDER Learned Counsel Shri S. Muthuvenkataram, on behalf of Shri S. Durairaj, Advocate submits that the capital goods were removed by the appellant to its Unit-IV for use in manufacture. Even though at the initial stage capital goods credit was taken by the appellant, consequent upon removal and raising of invoices in favour of Uni....

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.... Unit-IV was entitled to take capital goods credit. What the law requires is use of the capital goods for the purpose of manufacture. That has not been disputed by Revenue. Learned Commissioner (Appeals) failed to appreciate that reversal of the Cenvat credit was made by appellant and capital goods being used by Unit-IV that has not caused any prejudice to revenue. Mandate of the statute is that c....