2019 (2) TMI 755

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....D.M. Misra, Member (Judicial) ORDER This is an appeal filed against order-in-appeal No. NSK-EXCUS-000-APPL/391/17-18 dated 23.3.2018 passed by Commissioner of Central Excise & CGST (Appeals), Nashik. 2. Briefly stated the facts of the case are that the appellant had availed cenvat credit on capital goods during the period 2006-07 in accordance with the provisions of Cenvat Credit Rules, 2....

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.... first year is not in consonance with the provisions of Rule 4(2)(a) of the Cenvat Credit Rules, 2004. It is his contention that depreciation has to be calculated taking the amount of credit availed till the clearance of the capital goods by reducing the credit @ 2.5% per quarter. He has submitted that therefore, the order is bad in law and unsustainable. In support, he has referred to the judgmen....